I 


Th:":  book  :•   D^'^ 


r^N   BRAiMCi- 

^p- CALIFORNIA 

A  py 


A    PAGE    ON    DUTY. 


Q.syf' 


Among  the  Law-Makers 


EDMUND    ALTON 


NEW  YORK 

CHARLES  SCRIBNER'S  SONS 

1886 


Copyright,  1886,  bv 
CHARLES   SCRIBNER'S   SONS 


3b23 


TROWS 

PRINtlNG  AND  BOOKBINOINQ  COMFANV 

NEW  YORK. 


THE   HOYS  OF  AMERICA 

UrON   WHOSE 

LOYALTY,    GRNRS,    AND    VALOR 

AS 

CITIZENS   AND   STATESMEN    OF  THE   FUTURE 

THE   REPUBLIC   CONFIDENTLY    RELIES 

FOR   THE 

I'RESEKVATION   OF    ITS   INSTITUTIONS    AND   FOR   THE 

ADVANCEMENT     OF-    NATIONAL     HAPPINESS     AND     GLORY 

THIS   VOLUME 

IS    KESPECTFULI.V    INSCKI13ED 


PREFACE. 


This  work  does  not  profess  to  be  complete,  either  as  a  trea- 
tise or  as  a  sketch.  The  author  has  merely  seized  upon  certain 
events  conspicuous  in  an  experience  of  four  years,  and  used 
them  to  explain,  in  an  easy  and  desultory  manner,  various 
phases  of  Congressional  life.  While  the  incidents  and  scenes 
thus  employed  have  been  arranged  with  some  regard  to  narra- 
tive sequence,  he  has  not  hesitated,  upon  the  slightest  provo- 
cation, to  break  away  from  the  chronicle  and  invite  attention 
to  more  distant  happenings. 
(  He  might  easily  have  filled  the  volume  with  anecdotes  of 

^    public  men  and  descriptions  of  page-performances  and  pranks. 
I      His  tendency   in  this   direction    has    been    subordinated    to    a 
^    higher  aim.     Such  episodes  as  have  been  gathered  into  special 
o    chapters,  or  interspersed  at  random  throughout  the  book,  fur- 
nish a  sufficient  idea  of  the  humorous  goings-on  at  the  Capitol. 
The  purpose  of  his  digressions  is  made  obvious  at  one  part  or 
another  of  the  work.     He  has  gone  out  of  his  course  to  introduce 
peculiar  specimens  of  legislative  action,  and  to  illustrate  char- 
acteristics  of  the   respective   Houses  ;    and    he  has,    at    times, 
sought    to    do    more — to    exhibit,    by   practical  examples,    the 


viii  PREFACE. 

constitutional  relations  between  the  three  departments  of  the 
General  Government  as  distinct  yet  interdependent  parts  of  a 
mighty  and  harmonious  system,  to  emphasize  commanding 
principles  of  civil  liberty  and  public  law,  and,  in  general,  to 
stimulate  in  the  minds  of  American  youth  an  active  and  patri- 
otic interest  in  the  political  history  and  destiny  of  their  country. 

It  is  not  a  book  of  reminiscences  ;  neither  is  it  designed 
exclusively  for  the  young.  Its  arrangement  and  style  are  ad- 
dressed to  the  sympathies  of  youthful  students  ;  the  infor- 
mation it  contains  may  commend  the  work  to  older  folks. 
Though  not  a  profound  and  exhaustive  dissertation,  it  may 
truthfully  be  claimed  that  it  touches  upon  every  interesting 
feature  of  Congressional  power  and  procedure,  and  places  in 
the  possession  of  American  readers  unfamiliar  with  legisla- 
tive affairs,  a  body  of  suggestions  that  may  enable  them,  when 
on  a  pilgrimage  to  the  Federal  City,  to  view  understandingly, 
and  to  criticize  with  discrimination  and  fairness,  the  idiosyn- 
crasies, as  well  as  the  weightier  proceedings,  of  their  national 
representatives. 

It  is  proper  to  state  that  the  larger  part  of  the  contents 
of  this  volume  appeared  originally  as  a  serial  in  St.  Nicholas  ; 
but,  to  render  the  narrative  more  coherent  than  was  possible  in 
its  magazine  career,  material  modifications  and  additions  have 
been  made.  E.  A. 

New  York  City,  October,  1886. 


CONTENTS. 


CHAPTER   I. 

PAGE 

The  Republic,  .........       i 

CHAPTER   II. 
^The  Federal  Legislature,    .......      9 

CHAPTER   III. 

^  ASSEMDI.ING  OE   CONGRESS,  .  .  .  .  .  .       l8 

C  IIAPTER   IV. 
Diminutive  Dignitaries,        .  .  .  .  .  .  -     29 

CHAPTER  V. 
Procedure,        .........     45 

CHAPTER   VI. 
Legislation,      .........     57 

CHAPTER   VII. 
The  Federal  E.xecutive,         .  .  .  .  .  .  .66 

CHAPTER  VIII. 
Secret  Sessions,  .  .  .  .  .  .  72 


X  CONTENTS. 

CHAPTER  IX. 

PAGE 

Extravaganza,  .......••     79 

CHAPTER   X. 
Counting  the  Electoral  Votes,     .  .  .  .  .  .88 

CHAPTER  XI. 
Close  of  a  Congress,  ....••••  loo 

CHAPTER  XII. 
An  Inauguration,        ........  109 

CHAPTER   XIII. 
A  Leaf  of  History,    .  .  .  .  •  •  »  -114 

CHAPTER   XIV. 
Arms  and  Insignia,      .  .  .  -  •  •  •  .121 

CHAPTER  XV. 
Over  the  Recess,        ....-•••  127 

CHAPTER  XVI. 
An  Unpopular  Measure,        .......  133 

CHAPTER  XVII. 
Republican  Simplicity,  .  .  .  -  ■  •  -141 

CHAPTER  XVIII. 
-The  Federal  Judiciary,        .  .  •  •  •  •   ^7 


CONTENTS.  XI 


CHAI'TEK  XI\. 
^A  Vacant  Chair,  ........  156 


PAGB 


CIIAI'TER  XX. 
OUSTRUCTION,      .........    165 

CIIAl'TKR    XXI. 
Night-Session  Inform.vlities,  ......  174 

CII AFTER    XXH. 
Into  the  IIurly-Buri.y,  .......  182 

CHAPTER    XXIII. 
A  Regal  Affair,  ........  189 

CHAPTER   XXIV. 
Foreign  Relations,     ........   197 

CHAPTER   XXV. 
Lookers-on  in  Vienna,  .  .  .  •  .  .  .210 

CHAPTER   XXVI. 
Chaos,     .  .  .  .  .  •  •  •  -2x9 

CHAPTER  XXVII. 
Much  Ado  Arout  Nothing,  .  .  .  ■  •  --5 

CHAPTER  XXVIII. 
Investigations,  ....••••  235 


xii  CONTENTS. 

CHAPTER  XXIX. 

PAGE 
\ 

An  Impeachment  Trial,         .......  244 

CHAPTER   XXX. 
Du'ERSiONS,        .  .  .  .  •  •  •  •  -252 

CHAPTER  XXXI. 
Odds  and  Ends,  .....•••  269 

CHAPTER  XXXII. 
Antagonisms,     ...•-••••  -79 

CHAPTER   XXXIII. 
Constitutional  Limitations,  ......  290 

CHAPTER   XXXIV. 
Reflections,     ....•••••  304 


LIST  OF  ILLUSTRATIONS. 


A  Page  on  Duty, 


Frontispiece. 


The  Capitol  of  the  United  States  at  Washington  (East  Front), 

One  of  the  Thorns  of  Senatorial  Life,  . 

One  of  the  Roses  of  Senatorial   Life,     . 

The  Mace,         ....... 

Is.vAC  Bassett,  Assistant  Doorkeeper  United  St.^tes  Senate, 
P.VGES  at  Mischief,     ...... 

Senatorial  Chirography,       ..... 

Her  Legal  Adviser,    ...... 

The  Hall  of  Representatives  in  the  Capitol  at  Washington, 
The  Senate-Chamber  in  the  Capitol  at  Washington,  . 
The  White  House  by  Night,  .... 

Treasury  Clerks  Leaving  at  the  Close  of  the  Day's  Work,. 

The  United  States  Post-Office  Department,     . 

The  Treasury  Department,  .... 

The  Pages  as  Mock-Senators,         .... 

Counting  the  Electoral  Votes  on  the  Second  Wednesday  of  Feb- 
ruary, 1S73,  ...... 

Our  Flag  in  1776  and  1886, ..... 

Washington  on  the  Way  to  his  Lnauguration,  . 

An  Unpretentious  President,  .... 

The  Supreme  Court  of  the  United  States, 
A  Corner  in  the  Old  Supreme  Court  Room, 


17 
21 

27 
o- 
34 

45 
57 
67 


84 

96 
126 
iiS 
14J 
149 
i;i 


XIV  LIST  OF  ILLUSTRATIONS. 

PAGE 

Seal  of  the  Supreme  Court  of  the  United  States,      .  .  .  154 

An  Energetic  Filibuster,      .......  171 

"Everyone  Retreats  before  the  Symbol  of  Authority,"         .  .   185 

The  House  of  Representatives  at  Work,  ....   193 

In  the  Rotunda  of  the  Capitol,    .  .  .  .  .  .211 

A  Member  of  the  "  Third  House,"  .....  214 

A  View  Downward  from  the  Gallery  of  the  Rotunda,  .  .  216 

The  Principal  Story  of  the  Capitol,       .....  217 

One  of  the  Corners  of  the   Hall  of  Representatives,  .  .  226 

"  And  I  have  P^ndeavored  one  cither  Thing,   Sir,"       .  .  .  233 

A  Midnight  Frolic,    ........  238 

A  Rotunda  Sketch,    ........  252 

The  Page's  Adventure,  .  .  .  .  .  .  .  258 

Tobogganing  E.xtraordinary,  ......  263 

James    I.    Christie,    Acting    Assistant    Doorkeeper   United    States 
Senate,        .........  265 

The  Old  Clock  in  the  Corridor,  near  the   Entrance  to  the  Sen- 
ate, ..........  284 

The  Old  Mirror  in  the  Vice-President's  Room,  .  .  .  286 

In  the  Senate  Library,         .......  291 

The  Capitol,  from  Pennsylvania  Avenue  (West  Front),  .  .  306 


""^"^te;' 


AMONG   THE   LAW-MAKERS. 


CHAPTER    I. 

T  II  E     R  E  r  U  1!  I,  I  C 


"The  Senate  will  come  to  order!"  cried  the  Vice-Presi- 
dent. "  The  House  will  come  to  order  !  "  shouted  the  Speaker. 
Down  came  the  gavels,  up  went  the  mace,  and  the  stars  and 
stripes  again  waved  proudly  above  the  halls  of  national  maj- 
esty and  power.  Perhaps  you  do  not  catch  the  drift  of  m\' 
remarks.     Allow  me  to  explain. 

When  quite  a  small  boy  I  was  appointed  a  page  to  the 
Senate  of  the  United  States  ;  and  before  proceeding  further 
with  this  narrative,  which  I  trust  will  furnish  some  instruction 
as  well  as  entertainment  to  other  small  folk,  it  would  be  well, 
at  the  outset,  to  make  sure  that  we  agree  about  a  few  general 
principles  of  Government  and  Right. 

When  the  whole  earth  was  open  and  there  were  but  few 
men  upon  it,  every  person  was  free  to  roam  or  locate  wherever 
he  pleased.  But  it  is  a  familiar  truth  that  mankind  loves  com- 
pany ;  and  this  natural  impulse,  and  the  dangers  and  wants  to 
which  they  were  exposed,  led  people  to  travel  and  settle  in 
little  groups,  for  mutual  comfort,  benefit,  and  protection.  This 
grouping  together  was  the  origin  of  what  is  termed  "  society." 


2  AMONG    THE  LAW-MAKERS. 

Society,  therefore,  is  the  union  of  individuals  for  mutual  secu- 
rity and  welfare,  based  upon  their  wants  and  fears. 

To  guard  against  conflict  between  the  individuals,  and  to  se- 
cure peace  and  prosperity  to  all,  it  was  necessary  that  the  earli- 
est society  should  have  agreed  upon  certain  rules  defining  the 
rights  and  duties  of  the  people  composing  it.  And,  moreover, 
as  mere  rules  would  have  been  of  no  use  unless  observed,  there 
should  have  been  means  to  compel  obedience  to  them  when  made. 
The  arrangement  by  which  such  rules,  or  laws,  were  made  and 
enforced  was  the  origin  of  "  government."  Government,  there- 
fore, is  a  contrivance  of  human  wisdom  to  provide  for  human 
wants,  and  every  government  should  possess  three  powers- 
first,  the  power  to  make  laws  (which  is  the  supreme  power  of  a 
government)  ;  second,  the  power  to  execute  the  laws  ;  and 
third,  the  power  to  administer  justice,  by  the  redress  of  griev- 
ances and  the  punishment  of  offenders,  in  accordance  with  the 
laws.  These  three  powers  are  known  respectively  as  the  legis- 
lative, the  executive,  and  the  judicial,  powers  of  government. 

Governments,  then,  arose  at  the  beginning  of  society.  The 
exact  form  of  those  early  governments  we  need  not  pause  to 
consider.  The  people  had  the  right  to  make  and  enforce  their 
own  laws,  or  to  select  certain  of  their  number  to  act  for  them, 
or  to  repose  authority  in  one  person,  or  chief.  Undoubtedly 
the  government  of  a  primitive  society  was  rude  ;  the  laws 
were  few,  the  mode  of  making  and  enforcing  them  was  simple. 
Bu-t  as  mankind  increased,  and  the  extent  of  the  unoccupied 
soil  became  less  and  less,  the  societies  began  to  war  ;  weak 
groups  were  conquered  and  driven  away  from  their  lands  ; 
others  combined  for  defence  against  a  common  foe  and  became 
merged  into  one  ;  and  in  various  ways  they  multiplied  in  num- 
ber or  grew  in  size.  And  as  they  grew  larger  and  stronger, 
new  interests  arose,  more  laws  became  necessary,  and  govern- 
ments gradually  developed  in  power.     A  great   society  under 


THE   REPUBJJC.  3 

one  government  constituted  a  "  nation  ;  "  and  a  nation,  with  its 
government,  constituted  a  "  state." 

Still  the  work  of  conquest  and  desolation  went  on.  Nations 
warred  upon  nations.  A  people  would  be  defeated,  its  govern- 
ment and  power  as  a  state  would  be  destroyed,  and  the  con- 
quering hosts  would  set  up  their  own  government  and  laws 
over  the  subjugated  country  and  make  it  a  dependency  or  part 
of  their  dominion.  And  so  the  human  race  continued  to  bat- 
tle and  to  spread,  old  states  to  be  demolished  by  victorious  in- 
vaders, and  new  ones  to  be  established — until  now,  after  thou- 
sands of  years,  we  find  mankind  covering  the  entire  habitable 
globe,  separated  into  many  nations,  some  large,  some  small, 
with  various  forms  of  government,  the  territory  and  power  of 
one  state  being  confined  within  narrow  bounds,  the  authority 
of  another  reaching  from  ocean  to  ocean  and  stretching  away  to 
dependencies  in  the  islands  of  the  sea  and  the  remotest  regions 
of  the  earth. 

Brave  and  noble  nations  have  been  vanquished,  great  and 
glorious  governments  have  been  overthrown,  and  majestic 
ruins  still  remain  as  monuments  to  perished  grandeur.  So,  too, 
there  are  governments  to-day  which  are  but  systems  of  in- 
justice and  oppression  ;  whose  powers  arc  used  for  the  profit 
and  exaltation  of  a  few,  and  under  whose  iron  rule  and  vicious 
influence  the  liberties  of  the  great  body  of  the  people  have 
been  ruthlessly  crushed  or  are  silently  being  suffocated.  But 
whatever  the  misfortunes  and  thraldoms  of  the  past,  what- 
ever the  sufferings  and  despotisms  of  the  present,  the  principles 
of  Right  survive.  The  true  purpose  of  government  is  the 
protection  and  benefit  of  society  ;  the  powers  of  government 
are  derived  from,  and  rest  upon  the  will  of,  society  :  the  aim  of 
every  government  ought  to  be  to  guard  the  lives  and  liberties 
of  all  the  people  under  its  authority,  and  promote  their  happi- 
ness and  welfare,  and  any  government   which   docs   not  serve 


4  AMONG    THE  LAIV-MAKERS. 

this  purpose  is  a  failure,  and  the  people  injured  by  its  injustice 
or  neglect  have  the  right  to  sweep  it  entirely  away,  or  to  do  with 
it  as  they  please. 

Now,  in  the  last  century,  our  forefathers  in  this  country 
were  gathered  into  various  societies,  thirteen  in  number. 
Those  societies  were  dependencies,  or  Colonies,  of  a  state  far 
away  across  the  ocean,  and  subject  to  its  government.  In  that 
government  they  were  allowed  no  voice.  The  state  did  not 
guard  their  interests  as  it  should  have  done  :  on  the  contrary, 
it  made  oppressive  laws  for  the  Colonies,  and,  when  they  re- 
monstrated and  petitioned  for  redress,  it  answered  them  with 
severer  laws  and  repeated  injury.  This  tyranny  at  length  be- 
came unendurable,  and  the  Colonies  resolved  to  separate  from 
the  far-away  government.  They  drew  up  an  address  in  which 
they  told  the  world  the  causes  which  forced  them  to  the  sepa- 
ration. This  address  was  the  famous  Declaration  of  Indepen- 
dence. In  it,  they  set  forth  how  that  government  had  per- 
verted its  powers  for  despotic  purposes  ;  how  the  king,  who 
was  the  chief  of  the  state,  had  treated  the  Colonies  as  out  of  his 
protection,  and  waged  war  against  them  ;  how  he  had  plun- 
dered their  seas,  ravaged  their  coasts,  burnt  their  towms,  and 
destroyed  the  lives  of  their  people — and  done  many  other  deeds 
totally  unworthy  the  head  of  a  civilized  nation.  They  there- 
fore declared  themselves  free  and  independent  of  that  govern- 
ment, and,  in  doing  this,  they  asserted,  in  the  following  words, 
the  great  principles  which  we  have  been  considering  : 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created  equal ;  * 
that  they  are  endowed  by  their  Creator  with  certain  unalienable  Rights  ; 
that  among  these  are  Life,  Liberty,  and  the  pursuit  of  Happiness.  That 
to  secure  these  rights,  Governments  are  instituted  among  Men,  deriving 
their  just  powers  from  the  consent  of  the  governed  ;  that  whenever  any 
Form  of  Government  becomes  destructive  of  these  ends,  it  is  the  Right  of 

*  That  is,  born  to  equal  rights. 


THE  RErUBLIC.  5 

the  People  to  alter  or  to  abolish  it,  and  to  institute  new  Government,  lay- 
ing Us  foundation  on  such  principles  and  organizing  its  powers  in  such  form, 
as  to  them  shall  seem  most  likely  to  effect  their  Safety  and  Happiness. 

So  they  threw  off  that  government,  not  only  as  a  matter  of 
right,  but  as  a  matter  of  dtit}-  to  themselves  and  to  their  chil- 
dren, and  provided  new  guards  for  their  future  security.  The 
people  of  each  society  agreed  upon  a  new  government  for 
themselves,  and  thus  assumed  among  the  nations  of  the  earth 
the  separate  and  equal  station  to  which  the  laws  of  Nature  and 
of  Nature's  God  entitled  them.  The  thirteen  societies  there- 
upon ceased  to  be  "  Colonies,"  all  dependent  upon  one  foreign 
government,  and  became  thirteen  "  States,"  each  sovereign 
and  independent,  and  equal  in  rank  to  the  state  of  which  it 
had  previously  formed  a  part. 

But  the  people  of  all  the  States  were  engaged  in  defending 
themselves  against  one  great  enemy — the  state  from  which  they 
had  separated — and  they  had  other  common  perils  and  interests. 
Under  these  circumstances,  they  entered  into  a  league  or  union, 
and  styled  it  "The  United  States  of  America."  This  arrange- 
ment is  set  forth  in  a  document  known  to  history  as  the  "  Arti- 
cles of  Confederation."  It  simply  provided  for  a  certain  tribu- 
nal, or  body  of  men,  in  which  each  State  should  have  the  right 
to  be  represented,  and  which  should  advise  the  States  what 
ought  to  be  done  for  their  common  defence  and  welfare.  That 
was  all.  Each  State  had  its  own  government,  which  was  su- 
preme in  authority  over  the  people  of  that  State,  and  no  real 
power  was  given  to  this  tribunal  to  carr)-  out  any  laws  or  advice 
which  it  might  think  necessary  to  make  or  give. 

The  great  war  at  last  ended,  and  the  States  were  triumphant. 
But  they  knew  that  they  were  liable  to  be  again  attacked  by 
a  common  enemy,  and  were  also  liable  to  get  into  disputes  with 
one  another.  They  still  had  common  interests  :  yet,  after  a 
few  years,  they  found  that  the   arrangement   or  league   which 


6  A  MO  AG   THE  LA  IV- MAKERS. 

they  had  made  was  unable  to  properly  secure  those  interests. 
The  result  was  that  they  made  another  arrangement.  They  pro- 
vided that  sufficient  men  should  be  appointed  and  given  ample 
power  not  only  to  make,  but  to  enforce  all  laws  necessary  for 
their  general  welfare.  In  other  words,  they  agreed  upon  a 
Government  whose  authority  should  cover  all  the  States,  and 
whose  laws  should  be  binding  upon  all  the  people. 

Yet  they  made  a  very  natural  and  proper  condition.  Each 
State  had  certain  interests  which  did  not  affect  the  people  of 
other  States,  and  which  could  best  be  attended  to  by  its  own 
government.  It  was  accordingly  provided  that  the  people  of 
the  States  should  retain  their  State  governments,  with  the 
understanding,  however,  that  the  State  governments  should 
not  interfere  with  matters  that  concerned  the  people  of  other 
States,  and  that  the  Government  of  the  Union,  on  the  other 
hand,  should  not  interfere  with  the  State  governments  in  mat- 
ters not  concerning  the  general  and  common  interests  of  all  the 
people,  or  about  which  conflicts  were  not  liable  to  arise  between 
the  people  of  any  two  or  more  States. 

The  people  of  the  United  States  thus  became  a  mighty 
Nation,  or  Republic,  with  a  great  Government  endowed  with 
general  protective  powers  ;  and  the  people  of  each  State  re- 
tained their  local  governments  and  the  powers  not  delegated 
to  the  Government  of  the  Union. 

This  arrangement  is  the  fundamental  law  of  this  country, 
and  is  known  as  the  CONSTITUTION  of  the  United  States.  It 
was  agreed  to  by  our  forefathers  nearly  one  hundred  years  ago, 
and  begins  in  these  words  : 

We,  THK  People  of  the  United  States,  in  Order  to  form  a  more  perfect 
Union,  establish  Justice,  insure  domestic  Tranquillity,  provide  for  the 
common  defence,  promote  the  general  Welfare,  and  secure  the  Blessings  of 
Liberty  to  ourselves  and  our  Posterity,  do  ordain  and  establish  this  CON- 
STITUTION for  the  United  States  of  America. 


THE  REFUHLIC.  7 

Since  that  Constitution  was  adopted,  the  RepubUc  has  ex- 
tended its  power  and  dominion  from  the  Atlantic  to  the  Pacific 
Ocean,  and  consists  now  of  thirty-eight  States,  eight  organized 
Territories,  the  Indian  Territory,  the  District  of  Columbia,  and 
Alaska — containing  in  all  about  three  million  five  hundred  thou- 
sand square  miles  and  sixty  millions  of  inhabitants.  But  to-day, 
as  then,  the  Constitution  is  the  supreme  law  of  the  land,  sacred 
to  every  American  ;  and  as  you  grow  older  and  become  more 
familiar  with  the  history  of  humanity  and  civilization,  you  will 
learn  to  reverence  and  to  love  it,  and  be  willing,  as  many  have 
been  in  the  past,  to  lose  your  lives,  if  necessary,  in  its  de- 
fence. 

By  the  Constitution  the  Government  of  the  Union  (com- 
monly styled  the  "  Federal,"  "  General,"  "  National,"  or 
"Central"  Government,  to  distinguish  it  from  the  local 
governments  of  the  States),  is  divided  into  three  separate 
and  distinct  branches — the  legislative,  the  executive,  and  the 
judicial,  departments.  The  legislative  department  is  that  which 
makes  the  laws  for  the  Republic,  and  is  called  the  Congress  ; 
and  the  Congress  is  composed  of  two  bodies  of  men,  one  being 
known  as  the  Senate,  and  the  other  as  the  House  of  Represent- 
atives. The  people  of  each  State  of  the  Union  send  two  men 
(called  Senators)  to  the  Senate,  and  a  certain  number  of  men 
(called  Representatives)  to  the  House  of  Representatives,  the 
number  of  Representatives  sent  by  the  people  of  a  State  de- 
pending upon  the  population  of  the  State.  And  the  people 
of  every  organized  Territory,  in  pursuance  of  a  \z.\\  made  by 
Congress,  send  to  the  House  one  man,  called  a  Delegate,  who 
may  take  part  in  the  discussions  of  that  body,  but  is  not  per- 
mitted to  vote  in  making  laws.  The  residents  of  the  District 
of  Columbia,  like  the  denizens  of  Alaska  and  the  Indian  Terri- 
tory, are  not  represented  in  either  body. 

The  executive  department  of  the  Government  consists  of  the 


8  AMONG    THE  LAW-MAKERS. 

President  of  the  United  States,  who  is  also  chosen  by  the  peo- 
ple, and  is  sometimes  styled  the  Chief  Magistrate  of  the  coun- 
try :  and  it  is  his  duty,  and  the  duty  of  his  thousands  of  assist- 
ants, to  see  that  the  laws  of  the  Republic  are  faithfully  carried 
into  effect. 

The  judicial  department  of  the  Government  consists  of  nu- 
merous courts,  the  principal  one  being  the  Supreme  Court  of 
the  United  States.  The  judges  of  these  courts  are  appointed 
by  the  President,  with  the  approval  of  the  Senate,  and  it  is 
their  duty  to  interpret  the  laws  of  the  Republic  and  administer 
justice  in  accordance  with  the  provisions  and  intentions  of 
those  laws. 

The  Republic  represents  the  sovereignty  of  sixty  millions  of 
people.  Its  Government  is  the  "  manifestation  "  of  the  sover- 
eignty of  the  people.  It  was  created  by  the  people,  in  the  ex- 
ercise of  their  own  sovereign  authority,  based  upon  the  laws  of 
nature  and  necessity  ;  it  was  established  for  their  benefit  and 
welfare  ;  it  is  managed  by  the  people,  through  agents  chosen 
and  paid  by  them  ;  and  these  three  cardinal  facts  are  embodied 
in  the  memorable  declaration,  that  the  Government  of  the 
United  States  of  America  is  : 

"  A  government  of  the  people, /(?r  the  people,  and  by  the 
people." 

The  workings  of  that  Government,  in  one  of  its  branches,  it 
is  our  purpose  to  consider  ;  and  I  have  made  this  explanation 
that  you  may  understand,  before  we  go  any  further,  the  impor- 
tant principles  which  were  voiced  by  the  very  preamble  of  the 
Constitution,  and  which  speak  in  all  our  institutions  and  our 
laws  ! 


CHAPTER   II. 

THE   FEDERAL   LEGISLATURE. 

Congress,  as  the  department  of  the  Federal  Government 
which  makes  the  laws,  is  vested  with  the  supreme  power  of  the 
Republic.  Yet,  while  the  grandest  tribunal  on  the  American 
continent,  if  not  on  the  globe,  it  is  not  the  sole  legislative 
authority  in  this  countr}'.  The  States  have  local  legislatures, 
which  are  vested  with  exclusive  power  as  to  certain  subjects  ; 
Congress,  on  the  other  hand,  has  exclusive  jurisdiction  in  regard 
to  other  affairs  ;  and  then  there  is  a  third  class  of  matters  respect- 
ing which  both  State  and  National  law-makers  may  legislate, 
with  this  qualification — that  should  the  State  laws  conflict  with 
the  National,  the  former  must  give  way  to  the  latter.  The  Con- 
stitution expressly  declares  what  Congress  may  do  ;  and,  as  it 
can  do  nothing  not  permitted  by  the  Constitution,  I  refer  you 
to  that  instrument  for  particulars  as  to  its  power.  To  raise 
money  to  defray  the  expenses  of  the  General  Government,  to 
provide  navies  and  armies  useful  in  resenting  insults  or  resist- 
ing danger  at  home  or  abroad,  to  regulate  commerce  with  for- 
eign nations  and  among  the  States,  to  coin  money,  to  establish 
post-offices  and  post-roads,  to  create  courts  for  the  enforcement 
of  Federal  statutes — in  brief,  to  make  all  laws  necessary  for  the 
protection  and  maintenance  of  the  integrity  and  honor  of  the 
Union,  and  the  welfare  of  the  people  as  a  NatiO)i — these  are 
within  the  powers  of  Congress. 

The   varieties  of  business  with  which   it  has  to  deal   reach 


lO  AMONG    THE  LAW-MAKERS. 

from  the  sublime  to  the  ridiculous — from  a  declaration  of  war 
against  a  threatening  foe,  involving  the  sacrifice  of  priceless 
lives,  to  a  law  appropriating  a  few  dollars  out  of  the  Treasury 
for  the  loss  of  a  blanket  in  the  Government  service.  Before 
examining  its  powers  and  procedure,  let  us  consider  the  man- 
ner in  which  the  members  of  Congress  are  elected  and  the  way 
in  which  each  body  organizes  for  the  proper  performance  of  its 
duties. 

The  Representatives  are  chosen  directly  by  the  people  of 
the  States,  and  no  person  can  be  a  Representative  "  who  shall 
not  have  attained  to  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  State  in  which  he  shall 
be  chosen."  Their  total  number  is  regulated  by  law  of  Con- 
gress, but  they  must  be  distributed  among  the  States  in  propor- 
tion to  population.  The  Constitution,  however,  provides  that 
the  ratio  shall  not  exceed  one  Representative  for  every  thirty 
thousand  persons,  but  that  each  State  shall  have  at  least  one 
Representative.  In  the  First  Congress,  which  assembled  on 
March  4,  1789,  the  people  of  the  thirteen  original  States 
were  represented  in  the  House  by  sixty-five  members.  This 
representation  was  fixed  by  the  Constitution,  until  the  taking 
of  a  census.  The  first  census  was  that  of  1790  ;  and  in  1792, 
Vermont  and  Kentucky  having  been  meanwhile  admitted 
into  the  Union,  an  Apportionment  Act  was  passed  which  in- 
creased the  number  of  Representatives  to  one  hundred  and  five, 
or  one  for  every  thirty-three  thousand  persons.  Since  then, 
every  ten  years  a  census  has  been  taken,  the  population  of  the 
country  ascertained,  and  other  apportionments  have  been  made. 
The  States,  the  people,  and  their  Representatives  have  increased 
in  number,  until  now,  under  the  tenth  and  latest  census  (that 
of  1880)  and  the  last  apportionment,  49,371,340  inhabitants 
comprising    the   "  representative  population  "   of  the   country, 


I'HK   FED1-:RAL    legislature.  II 

scattered  throughout  thirty-eight  States,  arc  represented  by 
three  hundred  and  twenty-five  members  of  the  House — a  ratio 
of  one  Representative  to  about  every  one  hundred  and  fifty-two 
thousand  inhabitants.  New  York,  with  a  Httle  oyer  five  mill- 
ion inhabitants,  heads  the  list  with  thirty-four  Representatives  ; 
Pennsylvania,  with  over  four  million,  has  twenty-eight  ;  and 
so  it  tapers  toward  a  point  where  we  find  Colorado,  Oregon, 
Delaware,  and  Nevada,  with  populations  ranging  in  the  order 
named  from  less  than  two  hundred  thousand  to  about  sixty-two 
thousand,  and  with  one  Representative  each."" 

For  the  election  of  its  thirty-four  Representatives,  the  Leg- 
islature of  New  York  has,  pursuant  to  law  of  Congress,  di- 
vided the  area  of  the  State  into  thirty-four  parts,  each  "  con- 
taining as  nearly  as  practicable  an  equal  number  of  inhabitants." 
These  divisions  are  called  Congressional  Districts,  and  the  vot- 
ers, or  electors,  of  each  district  are  entitled  to  choose  one  per- 
son to  represent  them  in  the  House.  A  similar  division  is  made 
by  other  States  having  populations  which  entitle  them  to  two  or 
more  Representatives.  Where  a  representation  of  only  one  is 
given,  as  in  the  case  of  Nevada,  the  whole  State  is  practically 
a  district. 

On  a  specified  day,  every  alternate  year,  Congressional  elec- 
tions are  held  in  each  State,  and  every  person  who,  by  the  law 
of  his  State,  is  qualified  as  an  elector  "of  the  most  numerous 
branch  of  the  State  legislature."  is  entitled  to  vote.  This  is 
done  by  going  to  one  of  the  polls,  or  voting-places,  and  deposit- 
ing in  a  box,  in  charge  of  election  officers,  a  slip  of  paper  bear- 
ing the  name  of  the  candidate  whom  he  wishes  for  Representa- 

Tlie  eight  organized  Territories  and  their  solitary  delegates  are  not  embraced  in 
these  figures — the  representative  population  being  only  the  population  of  the  States. 
The  total  population  of  the  United  States,  including  the  eight  Territories  and  the  Dis- 
trict of  Columbia  (but  not  including  Alaska,  the  Indian  Territory,  "wild  Indians," 
etc.),  was  at  the  last  enumeration,  50,155.783.  It  is  now  estimated  at  60,000,000.  The 
statements  in  the  te.\t  as  to  population,  are  based  upon  the  last  Census  Report. 


12 


A.t/OXG    THE  LAW-MAKERS. 


tive.  These  slips  arc  termed  "  ballots,"  and  the  box  into  which 
the}'  are  dropped  the  "  ballot-box."  The  voting  begins  at  a 
designated  hour  in  the  morning,  and  ceases  at  sunset  or  other 
stated  time  in  the  evening,  when  the  polls  are  closed,  the  ballots 


One  of  the  Thorns  of  Senatorial  Life. 

A  Dissatisfied  Constituent  :  "  Well,  Senator,  huw  you  could  'a'  talked  about  that  measure  the 
way  you  talked  about  it  be/ore  election,  an'  then  'a'  voted  on  that  measure  the  way  jou  did  after 
election,  is  to  me  rather  considerable  of  an  enigmy  '  " 


are  counted,  and  the  man  whose  name  appears  on  the  greatest 
number  of  them  cast  in  the  Congressional  District,  is  declared 
elected  as  the  Representative  in  Congress  of  the  people  of  that 
district. 


THE   FEJ^ERAL   LEGISLAri'R li. 


'3 


The  terms  of  the  Representatives  begin  at  twelve  o'clock, 
noon,  on  the  4th  of  March  of  every  odd-numbered  year  (such 
as  1885  or  1887),  and  end  at  twelve  o'clock,  noon,  on  the  4th 
day  of  March  of  the  second  year  following.  This  period  of  two 
years  is  termed  a  "  Congress,"  and  a  Congress  is  divided  into 
"  sessions."  There  is  one  regular  session  every  year,  commenc- 
ing on  the  first  Monday  of  December,  thus  making  two  regular 
sessions  in  a  Congress,  known  as  the  "  long  session  "  and  the 
"  short  session  "  ;  and  as  the  President  of  the  United  States 
"  may,"  in  the  language  of  the  Constitution,  "  on  extraordinary 
occasions,  convene  both  Houses,  or  either  of  them,"  there  are 
frequently  three  sessions  in  a  Congress.  At  the  expiration  of  a 
Congress,  the  terms  of  all  of  the  members  of  the  House  come  to 
an  end,  and  so  the  House  of  Representatives  itself,  as  a  body, 
remains  out  of  existence  until  reorganized  by  the  assembling  of 
the  members  of  (to  use  a  popular  expression)  the  "'next'"  or 
"  new  "  House. 

But  it  is  not  necessarily  new,  so  far  as  faces  are  concerned  ; 
for  many  of  the  members  of  the  old  or  last  House  are  gener- 
ally re-elected.  The  desire  for  re-election  and  the  power  of 
the  people  to  send  other  men  to  the  House,  have  a  tendency 
to  keep  the  law-makers  on  their  good  behavior. 

At  the  opening  of  the  first  session  of  every  Congress,  the 
newly  elected  Representatives  assemble  in  their  Hall  in  the 
Capitol,  at  Washington,  and  from  their  number  immediately  se- 
lect their  presiding  officer,  or  Speaker.*  In  addition  to  the 
formidable  power  which  belongs  to  that  high  station,  the 
Speaker  retains  his  ordinary  privileges  as  a  Representative.  A 
"  Speakership  contest,"  as  the  struggle  between  the  rival  can- 
didates is  termed,  is  often  a  very  exciting  and  always  an  inter- 
esting  political    event.      Upon  his   election,    he    takes   an   oath 

*  This  title  is  borrowed  from  that  given  to  the  presiding  otVicer  of  the  House  of  Com- 
hjons  of  Great  Britain. 


14  AMONG    THE  LAW-MAKERS. 

(administered  by  one  of  the  members)  by  which  he  pledges 
himself  to  support  the  Constitution  of  the  United  States,  and  to 
faithfully  discharge  the  duties  of  his  office.  Thereupon,  having 
gone  through  the  formality  of  thanking  his  associates  for  the 
honor  conferred  upon  him,  he  administers  to  them  a  similar 
oath.  The  next  step  is  for  the  Representatives  to  appoint  their 
Clerk  and  the  other  officers  necessary  to  assist  them  in  their 
proceedings,  and  then  to  choose  their  own  seats  in  the  Hall  of 
Representatives.  And,  having  attended  to  all  these  matters — 
having  selected  a  Speaker  to  preside  over  their  deliberations 
and  keep  them  quiet,  having  taken  the  oath  of  office,  and  hav- 
ing installed  their  corps  of  assistants  into  comfortable  positions, 
and  ensconced  themselves  in  cane-seated  chairs  behind  a  be- 
wildering mass  of  oak  desks — the  members  are  full-fledged  Con- 
gressmen, and  the  House  of  Representatives  exists  once  more 
as  a  "  body,"  and  is  readv  to  roll  up  its  legislative  sleeves  and 
go  to  work. 

The  Senators  are  elected  in  a  different  and  much  simpler 
manner.  They  are  chosen  by  the  legislatures  of  the  respective 
States  (the  manner  of  election  being  designated  by  Congres- 
sional enactment),  instead  of  directly  by  the  votes  of  the  people. 
Each  State  is  entitled  to  two  Senators,  but  no  person  can  be  a 
Senator,  unless  he  is  thirty  years  of  age,  of  nine  years'  citizen- 
ship, and  an  inhabitant  of  the  State  when  elected.  The  num- 
ber of  Senators  is  unalterable,  except  by  the  admission  of  new- 
States.  Multiply  the  number  of  States  at  any  given  time  by 
two,  and  you  have  the  number  of  Senators  at  that  time.  There 
is  a  subtle  distinction  between  a  Senator  and  a  Representative, 
as  shown  in  the  distinct  modes  of  election.  The  two  Senators 
from  New  York,  for  instance,  represent  that  State  as  a  political 
unit  or  entity — in  other  words,  in  her  sovereign  capacity  as  a 
State.  The  thirty-four  Representatives  represent  the  people  of 
New  York  as  so  nianv  individuals  in  the  entire  Republic.     You 


THE  FEDERAL    LEGISLATURE.  1 5 

will  thus  sec  that  in  the  Senate,  one  State  is  as  potent  as  another 
— they  are  all  "peers,"  or  "equals"  ;  while  in  the  House,  the 
power  of  a  State  is  substantially  in  proportion  to  the  number  of 
its  inhabitants. 

The  Senators  hold  office  for  six  years,  and  their  elections 
are  so  arranged  that  the  terms  of  one-third  expire  with  each 
Congress.  It  is  possible  for  the  House  of  Representatives  to 
be  composed  entirely  of  new  members,  ignorant  of  the  differ- 
ence between  a  "Call  of  the  House"  and  a  "motion  to  ad- 
journ." Such  a  thing  could  not  happen  in  regard  to  the  Sen- 
ate, as  only  one-third  of  its  membership  can  be  changed  at  a 
time.  This,  then,  forms  another  distinction  between  the  two 
Houses.  The  Senate  is  a  continuoits  body.  It  never  dies. 
It  is,  to  all  intents,  immortal.  The  House,  however,  is  short- 
lived. Its  death  is  absolute.  Its  successor  is,  in  the  light  of 
the  Constitution,  an  altogether  new  body,  possessing  an  en- 
tirely different  soul,  but  endowed  with  the  authority  exercised 
by  the  "  late  lamented  " — the  House  immediately  preceding  it. 

The  Vice-President,  who  presides  over  the  Senate,  and 
who,  together  with  the  President,  is  elected  by  the  people  of 
the  United  States,  takes  no  part  in  its  debates.  He  can  vote 
only  in  the  event  of  a  tie  ;  in  that  case  he  may  determine  the 
question  by  his  "  casting-vote."  He,  like  all  the  Senators, 
"  qualifies  "  for  his  office  by  taking  the  usual  oath,  and,  with 
its  officers,  the  Senate  is  thus  equipped  for  the  fray. 

Yet  one  other  feature  is  essential  to  put  the  two  bodies  into 
thorough  working  order,  and  without  it  little  progress  in  legis- 
lation would  be  made.  In  order  that  every  measure  upon 
which  the  action  of  Congress  is  or  may  be  desired  shall  be 
properly  examined,  the  Senators  and  Representatives  are  di- 
vided into  numerous  cliques,  or  groups,  styled  "committees," 
from  the  fact  that  to  them  certain  matters  arc  "  committed,"  or 
referred,  by  the  respective  bodies  to  which  they  belong.      The 


1 6  AMONG    THE  LAW- MAKERS. 

committees  of  the  House  are  appointed  by  the  Speaker,  oriv; 
Congressman  being  sometimes  a  member  of  several  committees. 
Those  of  the  Senate  are  appointed  by  that  body  itself,  and 
not  by  the  Vice-President,  although  it  is  customary  to  allow  the 
presiding  officer  to  appoint  conference  and  other  temporary  com- 
mittees. In  view  of  the  important  duties  performed  by  these 
little  councils,  this  right  of  the  Speaker  to  form  them  will  give 
you  an  idea  of  the  influence  which  he  exerts  in  public  affairs. 
There  are  at  this  time  about  fifty  regular  or  "  standing"  com- 
mittees of  the  House,  the  largest  numbering  sixteen  members, 
including  the  chairman  ;  and  about  forty  committees  of  the  Sen- 
ate, the  largest  consisting  of  thirteen  Senators  and  the  smallest 
of  three.  There  is  thus  a  regular  committee  for  nearly  every 
class  of  legislative  subjects  likely  to  require  the  attention  of 
either  House  ;  and  special,  or  select,  committees  are  constantly 
being  established.  Most  important  measures  undergo  the  rigid 
examination  of  the  appropriate  committees  before  being  con- 
sidered by  either  branch  of  Congress  in  full  session.  When  the 
members  of  a  committee  report  against  or  in  favor  of  a  par- 
ticular matter,  the  House  to  which  they  belong  is  inclined  to 
agree  to  what  they  recommend,  since  it  knows  that  the  com- 
mitteemen have  specially  studied  the  merits  and  demerits  of  thf, 
question.  The  committees  meet  in  elegantly  furnished,  fres- 
coed rooms,  built  for  their  comfort  and  convenience,  and  pro- 
vided with  special  clerks  to  record  their  doings.  Their  meet- 
ings are  sometimes  open  to  the  public,  but  generally  secret  ; 
and,  as  even  a  Congressman  cannot  be  in  two  places  at  tb 
same  time,  and  as  he  should  not  absent  himself  from  the  ses 
sions  of  his  House  without  "  leave,"  committee-service  is  irk- 
some as  well  as  important. 

It  is  an  error  to  suppose  that  the  law-makers  have  nothing 
more  to  do  than  to  attend  the  ordinary  sessions  of  the  Senate 
or  House,  and  draw  their  pay.     Some  of  them  are  models  of 


o   - 


J  HE  FKni:KAJ.  jj-icislatire.  17 

industry — going  to  the  Capitol  early  in  the  morning,  holding 
committee-meetings  for  an  hour  or  two,  darting  off  to  an  ex- 
ecutive department  for  information,  taking  part  in  the  debates 
of  the  respective  Houses,  writing  letters  to  constituents,  and 
transacting  infinite  odds  and  ends  of  business  until  dusk.  And 
wiicn  they  go  home  in  the  evening,  they  are  not  always  allowed 
to  rest.  They  are  bothered  by  dissatisfied  constituents  ;  they 
are  besieged  by  strangers  and  friends,  one  wanting  this  done, 
another  that,  a  third  something  else,  until,  wearied  and  ex- 
hausted, they  sink  into  a  restless  sleep,  and  dream  hideous 
visions  of  the  coming  day. 

Yet  there  is  another  side  to  the  picture.  They  each  receive 
$5,000  a  year  and  perquisites,"  to  say  nothing  of  the  honor  of 
writing  "  M.C."  and  "  U.S.S."  after  their  names;  they  are 
"distinguished  guests"  wherever  they  go;  they  are  invited 
to  all  levees  and  receptions,  to  all  festivals  and  amusements  ; 
they  are  banqueted  by  the  President  and  entertained  by 
cabinet  officers ;  and  they  are  welcome  to  every  species 
of  domestic  and  foreign  hospitality,  from  a  charity-ball  to  a 
german  at  the  legation,  where  they  may  move  solemnly  through 
the  figures  of  the  stately  minuet,  or  dance  to  the  livelier  music 
of  a  cotillion  and  Virginia  reel.  Altogether,  their  careers  are 
decidedly  agreeable,  and  the  average  Congressman  would  glad- 
ly serve  his  country  for  life,  and  "  nominate  his  bones  "  to  fill 
the  vacancy  occasioned  by  his  death. 

*  In  addition  to  their  stated  salary,  they  are  entitled  to  travelling  expenses,  known 
as  "  mileage,"  because  computed  by  the  distance  between  their  homes  and  the  city  of 
W'ashington  ;  they  receive  a  certain  allowance  of  newspapers  and  stationery  free,  as 
also  copies  of  all  governmental  publications — from  an  elaborate  medical  history  of  sev- 
eral huge  volumes  to  a  Congressional  Directory  ;  they  get  seeds  from  the  .•\gricultural 
Dcjiartment  and  flowers  from  the  Rotanical  Gardens  ;  and  they  have  various  other 
privileges  and  distinctions.  The  Senators  recently  voted  themselves  private  secretaries, 
much  to  the  vexation  of  the  members  of  the  House,  who  would  like  to  have  such  lux- 
uries also,  but  do  not  dare  to  take  that  liberty  with  the  public  funds. 
2 


CHAPTER  III. 

ASSEMBLING   OF   CONGRESS. 

The  law-makers,  as  we  now  understand,  assemble  at  least 
once  in  every  year  in  the  City  of  Washington,  which  is  the 
seat  of  the  Federal  Government,  and  hold  their  sessions  in  the 
huge  white  building,  the  beautiful  Capitol  of  the  United  States. 
The  Senators  meet  in  a  large  room  in  the  northern  wing  of  the 
Capitol,  and  the  members  of  the  House  of  Representatives 
meet  in  a  still  larger  room  in  the  opposite  wing  ;  and  in  going 
direct  from  one  room  to  the  other,  it  is  necessary  to  pass 
through  the  great  rotunda  of  the  building.  This  rotunda  may 
be  considered  neutral  space,  separating  the  two  legislative  halls 
like  the  dividing  line  between  two  empires  ;  and  for  one  of  the 
bodies  to  infringe  upon  the  privilege  of  the  other  to  control  its 
particular  wing  of  the  Capitol  building  would  be  as  much  an 
evidence  of  hostility  as  for  the  army  of  one  nation  to  invade 
the  domain  of  another. 

While  each  House  of  Congress  is  independent  of  the  other, 
so  far  as  the  conduct  of  its  own  proceedings  and  the  manage- 
ment of  its  own  affairs  are  concerned,  yet  the  Senate  is  usu- 
ally looked  upon  and  spoken  of  by  the  people  as  the  "  Upper 
House."  It  has  been  called  "  the  grandest  deliberative  body 
the  world  has  ever  seen,"  and  the  Senators  are  supposed  to  be 
like  the  Senators  of  Venice,  whom  Othello  addressed  as"  most 
potent,  grave,  and  reverend  Seigneurs."  There  is  an  iceberg 
dignity  about   the   Senate  that   fills  a  spectator  with  awe,  and 


assi-:mbl/ng  of  co.vga'Ess.  19 

that  would  almost  freeze  a  smile    before  it  could  break   into  a 
lauo-h. 

The  Senators  arc  very  courteous  in  their  remarks,  and  you 
would  perhaps  be  able  to  hear  a  pin  drop,  at  times,  when  a 
Senator  is  speaking  ;  whereas  there  is  generally  so  much  con- 
fusion in  the  House  that  I  have  often  thought  that  were  a 
thunderbolt  to  fall  through  the  roof  during  the  delivery  of  a 
speech  it  would  hardly  cause  an  interruption  in  the  proceedings. 
One  of  the  reasons  for  the  greater  noise  in  the  House  is  the 
much  larger  number  oi  Representatives  as  compared  with  the 
number  of  Senators  ;  and  besides  that,  the  Senators,  being,  as 
a  rule,  older  men,  have  more  natural  gravity  of  demeanor. 

Now,  the  time  of  these  Senators  is  presumed  to  be  very 
valuable  ;  and  as  their  thoughts  ought  not  to  be  disturbed 
when  they  are  engaged  in  making  laws,  only  a  certain  number 
of  persons  are  allowed  to  go  upon  the  floor  of  the  Senate  when 
the  Senators  are  at  work  ;  and  the  other  people  who  wish  to 
hear  them  talk  or  to  look  at  them  must  sit  in  the  vast  galleries 
which  extend  entirely  around  the  room.  The  entrances  lead- 
ing into  the  room  (which  goes  by  the  name  of  the  Senate- 
chaniber)  are  guarded  by  door-keepers,  and  only  the  certain 
select  persons  I  have  spoken  of  are  permitted  to  pass.  The 
Senators  naturally  require  a  great  many  errands  and  services  to 
be  done  for  them  ;  and,  to  render  these  services,  fourteen  boys, 
from  twelve  to  sixteen  years  of  age,  termed  "  pages,"  are  ap- 
pointed— seven  for  the  Democratic  side,  and  seven  for  the 
Republican  side.  A  Democrat  is  a  man  who  thinks  the. coun- 
try ought  to  be  governed  in  a  particular  way,  and  a  Republican 
is  one  who  thinks  the  Democrats  are  always  wrong,  and  there- 
fore believes  in  governing  the  country  in  some  other  manner 
than  the  Democrats  wish.  That,  in  short,  is  what  the  distinc- 
tion amounts  to.  The  Democrats  belong  to  what  is  known 
as   a    "  political    party,"    and    they   always    talk   and  vote  the 


20  AA/OA'G    THE  LAW-MAKERS. 

same  way  on  an}'  question  of  a  political  character — that  is,  any 
question  which  affects  their  power  as  a  party  or  any  of  the 
principles  of  government  in  which  they  believe.  The  Repub- 
licans also  belong  to  a  party,  and  they  talk  and  vote  on  these 
political  questions  just  the  opposite  way  from  that  in  which  the 
Democrats  talk  and  vote.  For  this  reason  the  Democrats  and 
Republicans  in  the  Senate  are  almost  constantly  quarrelling 
when  they  are  in  session,  although  when  they  are  not  in  session 
they  associate  and  talk  and  joke  with  one  another  as  if  they  all 
belonged  to  the  same  party. 

The  Senators  sit  at  nice  little  mahogany  desks,  arranged  in  a 
semicircle  and  facing  a  pile  of  steps  and  mahogany  tables  where 
the  clerks  sit,  and  where,  higher  still,  away  up  on  top  of  the  plat- 
form, sits  the  Vice-President  of  the  United  States  (or  whoever 
may  act  in  his  stead  when  he  is  absent),  who  is  termed  the  "  pre- 
siding ofificer  "  or  "  President  "  of  the  Senate,  and  it  is  his  duty 
to  keep  the  Senators  in  order,  just  like  a  big  school-master,  and 
not  let  more  than  one  of  them  talk  at  once.  The  Senators  on 
the  right  of  the  Vice-President  (that  is,  toward  the  southwest)  are 
mostly  Democrats  ;  those  on  the  other  side  (toward  the  south- 
east) are  principally  Republicans  ;  and  occasionally  they  have  a 
few  Independents — men  who  talk  and  vote  sometimes  with  the 
Democrats  and  someties  with  the  Republicans,  just  as  they 
wish — and  they  are  apt  to  sit  wherever  they  can  get  good  seats. 

With  slight  variation  these  remarks  may  be  applied  to  the 
House  of  Representatives.  The  House-pages  are  double  in 
number  those  of  the  Senate  ;  and  the  Democrats  and  Republi- 
cans and  Independents  there  are  necessarily  more  numerous 
than  in  the  Senate — their  respective  numbers  in  both  bodies  of 
course  fluctuating  with  every  Congress,  as  the  people  through- 
out the  country  express  their  preferences  at  the  election  polls 
in  their  choice  of  Representatives,  or  through  their  State  legis- 
latures in  their  choice  of  Senators.      Personally  there  is  no  dif- 


ASSEMBLIXG    OF    C(>\i;RESS. 


21 


ferencc  between  Republicans,  Democrats,  Jnclcfjendents,  and 
members  of  other  political  parties.  They  are  all  men  ;  and,  if 
they  wrangle  and  quarrel,  it  is  simply  because  they  have  differ- 
ent views  upon  public  questions.  The  battle  of  words  in  the 
House  is  more  exciting  than  it  is  in  the  Senate,  chiefly  (as  be- 
fore observed  in  explaining  the  ex- 
cessive noise)  because  there  are  more 
men  to  engage  in  it. 

The  Speaker  and  clerks  are  located 
on  an  eminence  behind  imposing  mar- 
ble tables.  The  Hall  of  the  House  is 
not  so  sombre  as  the  Senate-chamber. 
Paintings  adorn  the  walls  and  the  na- 
tional flag  graces  the  gallery  above 
the  Speaker's  chair.  One  item  of 
furniture  peculiar  to  the  House  is  the 
mace.  This  is  a  sort  of  sceptre,  sur- 
mounted by  a  silver  eagle,  which, 
guarded  b}^  the  Sergeant-at-Arms, 
rests  upon  a  marble  stand  to  the  right 
of  the  Speaker.  It  is  the  symbol  of 
the  power  of  the  House,  and  rests  up- 
on its  stand  only  when  the  House  is  in  session  and  the  Speaker 
is  in  the  chair.  The  Democratic  side  of  the  House  is  on  the 
right  of  the  Speaker  (toward  the  northeast)  and  the  Republican 
side  is  on  his  left  (toward  the  northwest),  but  when  one  party 
has  a  majority  the  members  are  of  course  obliged  to  project 
themselves  into  the  "  cncni\''s  camp,"  as  the  seats  on  each  side 
of  the  room  will  accommodate  only  half  of  the  whole  number  of 
Representatives.  At  the  time  when  my  story  begins  the  Repub- 
licans were  in  the  majority  in  the  Senate  and  in  the  House, 
and  the  President  of  the  United  States  was  also  a  Republican. 
Since  then,  things  have  changeil. 


The  Mace. 


22  AMONG    THE   LAW-MAKERS. 

Of  course  it  was  quite  an  honor  to  be  appointed  a  page  to 
so  distinguished  a  body  as  the  Senate  of  the  United  States, 
and  as  I  was  appointed  from  the  State  of  New  York,  I  consid- 
ered that  I,  as  well  as  the  two  Senators  from  that  State,  had  the 
honor  of  the  State  to  protect.  I  had  heard  so  much  about  the 
awful  solemnity  and  power  of  the  Senate  that  I  was  at  first  afraid 
to  touch  any  of  these  great  law-makers,  for  fear  I  should  be  para- 
lyzed or  sent  to  jail.      But  this  feeling  of  dread  soon  wore  away. 

The  first  day  I  went  to  the  Senate  was  December  2,  1872, 
the  beginning  of  the  third  session  of  the  Forty-second  Congress. 
People  who  wished  to  see  the  august  body  called  to  order  be- 
gan to  arrive  as  early  as  nine  o'clock,  and  in  about  two  hours  the 
galleries  were  crowded  and  would  hold  no  more.  The  ladies 
sat  in  the  part  of  the  gallery  reserved  for  them  on  the  Republi- 
can side  of  the  room,  and  looked  charming  in  their  beautiful 
hats,  and  garments  of  every  color.  Over  on  the  opposite,  or 
Democratic  side,  sat  the  men  who  were  unaccompanied  by 
ladies.  Then,  directly  over  the  Vice-President's  chair  were 
the  reporters  for  the  newspapers — those  industrious  men  who 
apparently  never  sleep,  but  who  seem  to  be  everywhere  at 
once,  and  are  always  on  hand  whenever  there  is  a  fight  or  any- 
thing else  of  interest  going  on,  ready  to  find  out  all  about  it 
(and  more,  too)  and  to  telegraph  it  off,  thousands  of  miles,  to 
be  printed  in  some  great  paper,  the  editor  of  which  then 
preaches  a  sort  of  sermon  about  it,  called  an  "editorial." 
Thus  the  people  of  the  country  are  kept  informed  of  what  is 
happening  throughout  the  world,  and  if  it  were  not  for  these 
reporters,  many  of  our  public  men  never  would  be  heard  of 
outside  the  towns  in  which  they  live.  But,  as  I  was  about  to 
say,  the  reporters'  gallery  was  filled  with  correspondents  repre- 
senting all  classes  of  journals,  from  the  powerful,  thundering 
dailies  of  New  York,  to  the  weekly  publication  of  some  little 
hamlet  in  the  West. 


ASSEMBJJNG    OJ-'    COA'GA'A'SS.  23 

At  a  few  minutes  before  twelve  o'clock,  Captain  liassett, 
the  venerable  Assistant  Door-keeper  of  the  Senate,  told  me  to 
go  to  the  Vice-President's  desk  and  put  the  gavel  upon  a  cer- 
tain spot  on  the  table.  The  gavel  is  a  small  mallet  of  ivory 
with  which  the  presiding  officer  of  the  Senate  thumps  upon  his 
desk  to  command  silence  or  attention,  precisely  as  a  school- 
teacher taps  his  bell  or  raps  with  the  ruler  against  his  table.  In 
the  House  of  Representatives,  whose  members  do  not  behave 
as  well  as  those  of  the  Senate,  they  have  a  mallet  with  a  long 
handle  to  it  that  will  make  more  noise,  and  sometimes  it  re- 
minded me  of  a  blacksmith  at  his  anvil  to  see  the  presiding  of- 
ficer of  the  House  pounding  away  for  dear  life,  trying  to  make 
the  Representatives  be  quiet.  In  fact,  the  Speaker's  gavel  is 
known  in  the  official  parlance  of  that  body  as  the  "  hammer." 

I  placed  the  gavel  near  the  edge  of  the  desk — in  order  that 
it  might  be  reached  conveniently  by  the  Vice-President  without 
destroying  the  impressiveness  desired — and  hardly  had  I  done 
so  when,  exactly  at  twelve  o'clock,  in  walked  two  men  through 
tiie  door  near  me.  They  were  Schuyler  Colfax,  the  Vice- 
President  of  the  United  States,  and  Dr.  Newman,  the  Chaplain 
of  the  Senate.  The  Vice-President  advanced  to  the  side  of  his 
desk,  took  up  the  gavel,  and  gave  one  loud  rap.  At  once  the 
buzzing  in  the  galleries  and  on  the  floor  ceased  ;  and,  in  per- 
fect silence.  Dr.  Newman  ascended  the  steps  to  the  Vice-Presi- 
dent's chair,  and,  standing  U[)  as  he  would  in  a  pulpit,  delivered 
a  short  prayer.  I  do  not  remember  all  that  he  said,  but  he  of- 
fered thanks  to  God  for  His  blessings  upon  the  nation  since  the 
adjournment  of  Congress  the  preceding  summer,  and  prayed 
that  the  Senators  might  be  blessed  with  wisdom  and  goodness, 
and  guided  of  Heaven  in  their  deliberations  throughout  the 
session  then  begun. 

The  prayer  was  hardly  finished  when  nearly  all  the  Senators 
began  to  clap  their  hands  in  every  part  of  the  Chamber,  making 


24  AMONG    THE   LAW-MAKERS. 

quite  a  racket.  They  had  a  habit  of  doing  that  immediately 
after  the  opening  exercises,  and,  on  one  occasion,  caused  an 
old  man  in  the  gallery  to  exclaim,  "Wall,  I'll  be  hanged  ef  1 
saw  anything  pertikerlerly  fine  about  that  prayer  !  "  But  they 
were  not  applauding  the  prayer — they  were  merely  calling  for 
pages. 

When  the  clapping  commenced,  the  other  pages  began  run- 
ning- zigzag  and  in  every  direction,  and  at  first  I  became  con- 
fused and  did  not  know  what  to  do.  At  last  I  saw  one  Senator 
look  at  me  and  clap,  but  as  I  started  to  walk  another  page  ran 
ahead  of  me.  I  was  about  the  only  new  page,  and  more  timid 
and  modest  than  the  other  boys.  They  wished  to  "  show  off," 
and  they  ran  as  fast  as  they  could  every  time  ;  and  as  I  was 
a  little  fellow,  with  short  legs,  of  course  they  distanced  me.  I 
tried  about  a  dozen  times  to  answer  calls,  but  was  beaten  by 
the  other  boys. 

I  think  several  of  the  Senators  must  have  observed  my  em- 
barrassment, for  after  a  while  Senator  Conkling  beckoned  me 
with  the  forefinger  of  his  right  hand — that  was  the  way  he 
always  called  a  page — and  I  moved  toward  him  at  a  quick  but 
respectful  gait.  The  other  pages,  however,  were  all  anxious  to 
get  the  message,  as  it  would  cause  people  in  the  galleries  to 
look  at  them,  for  Senator  Conkling  was  one  of  the  most  con- 
spicuous men  in  the  Senate,  and  people  watched  everything  he 
did.  He  was  then  standing  behind  his  desk  holding  a  letter, 
and  a  number  of  boys  rushed  and  put  up  their  hands  and 
grabbed  at  the  letter,  and  almost  fought  for  it.  The  Senator 
made  a  gesture  for  them  to  go  away,  and  when  I  came  up  he 
reached  over  their  heads  and  gave  the  letter  to  me,  with  in- 
structions as  to  what  I  should  do  with  it.  After  that  episode,  I 
felt  all  right. 

As  Dr.  Newman  came  down  from  the  Vice-President's 
table,  Vice-President  Colfax  mounted  the  steps  and,  in  a  very 


ASSIuMBLJ.XG    Oh'    CUXGRESS.  2$ 

solemn  manner,  said  :    "  The  Senate  will  come  to  order  I  "  ami 
took  his  seat  in  the  chair. 

Then  Mr.  Gorham,  the  Secretary  of  the  Senate  called  the 
roll  of  Senators  to  see  how  many  were  present,  after  which 
Senator  Conkling  arose  and  offered  a  resolution,  the  object  of 
which  was  to  have  the  Vice-President  appoint  two  Senators 
to  act  as  a  committee  to  join  a  similar  committee  of  the  House 
of  Representatives,  and  to  call  upon  the  President  of  the  United 
States  and  notify  him  that  Congress  was  in  session,  and  ready 
to  hear  anything  he  might  have  to  say. 

Senator  Anthony  next  submitted  a  resolution  that  the  Sec- 
retary of  the  Senate  inform  the  House  of  Representatives  that 
a  quorum  of  the  Senate  had  assembled  (that  is,  a  sufficient 
number  of  Senators  to  transact  business,  which  must  be  a 
majority  of  the  entire  Senate),  and  that  it  was  ready  to  proceed 
to  business;  and  also  another  resolution,  "That  the  hour  of 
daily  meeting  of  the  Senate  be  twelve  o'clock,  noon,  until 
otherwise  ordered."  Both  these  resolutions  offered  by  Senator 
Anthony  were  adopted  by  the  Senate,  and,  after  brief  proceed- 
ings about  other  matters,  the  resolution  presented  by  Senator 
Conkling  was  also  agreed  to,  and  Senator  Conkling  and  Sen- 
ator Thurman  were  appointed  as  a  committee,  Senator  Conk- 
ling being  the  chairman,  or  head  of  the  committee. 

At  this  point,  as  the  Senate  had  nothing  else  to  do,  a  recess 
was  taken  for  one  hour.  Instantly  the  people  in  the  gallery 
began  to  buzz  again,  and  the  Senators  to  talk  among  them- 
selves and  tell  jokes  and  laugh,  and  a  certain  Senator,  who  sat 
far  over  on  the  Democratic  side,  amused  himself  by  writing  let- 
ters and  soaring  them  away  up  into  the  air,  and  even  against  the 
ceiling  of  the  room,  and  watching  the  pages  attempt  to  catch 
them  as  they  sailed  down  toward  the  floor.  I  think  he  could 
sail  a  letter  better  than  any  other  Senator.  Certainly,  this  was 
no  great  accomplishment  to  boast  about,  but  some  of  the  Sen- 


26  AMOXG    THE   LAW- MAKERS. 

ators  sat  through  a  whole  session  so  quietly  that  they  seemed 
never  to  do  anything  except  to  go  to  the  Senate  every  day  and 
sit  still  and  vote.  And  I  remember  once  a  Senator  came  into 
the  Chamber  just  as  his  name  was  reached  by  the  Clerk  who 
was  calling  the  roll  on  some  question.  He  looked  around,  and 
did  not  know  what  was  going  on  or  what  he  should  do,  and 
I  pitied  him  and  called  out  from  behind  him,  "  Vote  '  No  !  '  " 
And  he  did  !  Of  course  he  thought  it  was  some  responsible 
Senator  speaking  to  him.  But  I  had  been  in  the  Senate  sev- 
eral days  before  I  had  enough  courage  to  pretend  to  advise  a 
Senator. 

Upon  the  Vice-President's  calling  the  Senate  to  order  after 
the  recess,  Mr.  McPherson,  the  Clerk  of  the  House  of  Repre- 
sentatives, appeared  at  the  bar  of  the  Senate  (and  by  the  "  bar  '' 
I  mean  the  end  of  the  centre  aisle),  and  the  fact  that  there  was 
a  message  to  the  Senate  from  the  House  of  Representatives 
having  been  announced  by  Captain  Bassett,  the  Clerk  stated 
that  the  House  had  assembled  and  was  ready  to  proceed  to 
business.  These  notifications  from  each  Congressional  body  to 
the  other,  and  from  both  to  the  President,  are  acts  of  courtesy 
that  are  always  observed  at  the  beginning  and  close  of  every 
session  of  Congress. 

After  the  lapse  of  a  few  minutes  Senators  Conkling  and 
Thurman  returned  from  the  White  House,  whither  they  had 
gone  to  see  the  President,  and  Senator  Conkling  said  that  the 
committee  appointed  by  the  Senate  had  discharged  its  duty, 
and  that  the  President  had  stated  that  he  would  communicate 
with  the  Senate  at  once  in  writing.* 

After  the  report  of  the  committee,  there  was  a  pause  in  the 

'  In  olden  times,  during  the  early  days  of  our  Government  it  was  usual  for  the 
President  to  come  to  the  Senate-chamber  in  person,  and,  in  the  presence  of  the  Sena- 
tors and  Representatives,  deliver  whatever  address  he  might  desire  to  make.  But  this 
custom  was  abandoned  when  President  Jefferson  went  into  office,  and  communications 
from  the  President  are  nowadays  always  put  in  writing  and  delivered  by  a  messenger. 


1 


^^ 


J 


;•^:^^■^^\'\v«s.'>^^ 


ISAAC    BASSETT 
Assistant  Doorkeeper  United  States  Senate 


ASSEMBLIXG    OF    COXGR/CSS.  27 

proceedings,  during  which  the  people  resumed  their  con\er- 
sations  and  whisperings.  Very  soon  a  gentleman  entered  the 
room  through  the  door  directly  facing  the  Vice-President, 
carrying  under  his  arm  a  package  in  a  large  white  envelope 
fastened  with  a  large  red  seal.  As  he  entered  every  one  be- 
came quiet  again.  Captain  Bassett  walked  up  the  aisle  in 
front  of  the  Vice-President,  and,  when  he  reached  the  door, 
shook  hands  with  the  other  gentleman,  who  proved  to  be  Mr. 
Babcock,  the  private  secretary  to  President  Grant ;  and  then 
this  is  what  was  said  : 

Captain  Bassett  (bowing)  :  "A  message  from  the  President 
of  the  United  States." 

Air.  Babcock  (bowing)  :   "  Mr.  President."" 
The  Vice-President  (bowing)  :   "  ]\Ir.  Secretary." 
Mr.  Babcock:  "I    am    directed    by   the    President  of  the 
United  States  to  deliver  to  the  Senate  a  message  in  writing." 

Thereupon  the  President's  secretary  and  the  Vice-President 
exchanged  bows  again,  and  Mr.  l^abcock,  giving  the  package  to 
Captain  Bassett,  left  the  Senate  and  went  to  the  House  of  Rep- 
resentatives to  deliver  another  copy  of  the  message  to  that  body. 
Captain  Bassett  took  the  envelope  to  the  V^ice-President, 
who  opened  it,  and  said  that  he  would  lay  before  the  Senate  a 
message  from  the  President  of  the  United  States.  Then  the 
Secretary  of  the  Senate  began  to  read  the  message  which  the 
President  had  sent.  It  was  a  lengthy  address,  and  the  read- 
ing of  it  occupied  an  hour.  It  told  how  the  countr\'  had  pros- 
pered since  the  last  session  of  Congress,  and  what  laws  ought 
to  be  enacted  in  order  to  make  it  more  prosperous  in  the  future. 
When  it  had  been  read  through,  Senator  Anthony  mo\'ed  that 
it  be  laid  upon  the  table  and  be  printed,  which  was  agreed  to. 
To  "  lay  upon  the  table  "  is  a  parliamentary  expression,  and 
signifies  that  the  matter  so  treated  is  put  aside,  or  "  shelved," 
for  the  time  being,  or  perhaps  forever. 


28  AMONG    THE   LAW-MAKERS. 

By  this  time  Ave  all  were  tired  out,  after  remaining  silent  and 
listening  to  the  reading  for  so  long,  and  shortly  after  Senator 
Edmunds  arose  and  said  : 

"  I  move  that  the  Senate  do  now  adjourn."  Then  every- 
body else  began  to  move,  and  there  was  such  a  hubbub  that 
all  I  could  hear  distinctly  was  the  Vice-President  saying  : 

"  The  '  Ayes'  have  it,  and  the  Senate  stands  adjourned 
until  to-morrow  at  twelve  o'clock." 

Then  he  gave  another  loud  rap  with  his  gavel,  and  the 
proceedings  of  the  Senate  for  the  first  day  of  the  session  came 
to  an  end. 


CHAPTER    IV. 

DIMINUTIVE    DIGNITARIES. 

The  second  cl:iy  of  the  session  I  began  to  feel  at  home,  and 
in  the  course  of  a  week  considered  myself  quahfied  to  do  any- 
thing required.  I  had  to  become  familiar  with  all  the  many 
rooms  and  nooks  and  corners  of  the  Capitol,  and  learn  exactly 
where  to  go  when  sent  upon  a  message.  It  was  necessary  for 
me  to  acquaint  myself  with  every  Senator  and  officer  of  the 
Senate,  and  this  of  itself  was  quite  an  undertaking.  There 
were  Mr.  Gorham,  the  Secretary  ;  Major  McDonald,  the  Chief 
Clerk  ;  Mr.  Flagg,  the  Principal  Legislative  Clerk  ;  Mr.  Symp- 
son,  the  responsible  and  still  flourishing  Enrolling  Clerk  ;  and 
a  number  of  other  gentlemen  who  attended  to  the  clerical  duties 
in  connection  with  th;it  body.  In  addition  to  the  minutes  or 
journals  kept  by  the  journal  clerks  of  the  respective  Houses, 
the  proceedings  of  each  House  are  recorded  by  short-hand 
writers,  the  most  eminent  in  their  profession,  everything  said 
and  done  being  actually  reported  and  (after  necessary  revisions) 
printed.  The  publication  containing  this  report  was  for  many 
years  the  Congressional  Globe;  since  March  4,  1873,  it  has  been 
the  Congressional  Reeoyd  ;  and  in  order  to  be  accurate  I  shall  oc- 
casionally quote  from  the  pages  of  the  Globe  and  Record  in  re- 
ferring to  certain  proceedings.  These  official  reporters  it  was 
not  only  a  necessity  but  an  honor  to  know.  Mr.  Murphy,  the 
chief  of  the  Senate  corps,  from  his  long  experience  was  re- 
garded  as  a  walking  cyclopaedia  of  Congressional  information, 


30  AMONG    THE   LAW-MAKERS. 

and  so  also  was  Mr.  Amzi  Smith,  of  the  Senate  Document 
Room.  These  two  veteran  officers,  I  am  glad  to  say,  are  still 
on  duty,  and  the  Senate  is  undoubtedly  as  glad  of  it  as  I  am, 
for  their  services  are  absolutely  indispensable. 

Then  there  was  Mr.  French,  the  genial  Sergeant-at-Arms 
of  the  Senate,  whose  duty  it  was  to  execute  the  commands  of 
the  Senate  in  preserving  order  and  punishing  offenses,  and  he 
had  quite  a  corps  of  assistants,  among  whom  we  pages  counted 
ourselves  not  the  least  by  any  means.  Captain  Bassett,  the 
Assistant  Door-keeper,  and  Mr.  Christie,  the  Acting  Assistant 
Door-keeper,  were  his  chief  assistants,  and  these  veteran  officers 
had,  and  still  have,  the  laborious  honor,  among  other  things,  of 
keeping  the  pages  in  check.  I  shall  therefore  have  occasion  to 
mention  their  names  quite  often  in  my  narrative.  Captain 
Bassett  and  seven  of  the  pages  guarded  the  Vice-President  on 
his  left ;  Mr.  French  and  Mr.  Christie  and  the  other  seven  pages 
guarded  him  on  the  right. 

More  formidable  in  numbers  were  the  House  of  Representa- 
tives and  its  attendants.  I  had  to  be  about  as  well  posted  in 
regard  to  the  members  and  officers  of  that  body  as  of  the  Sen- 
ate itself,  because  the  Senators  were  constantly  writing  notes 
to  the  Representatives,  and  sending  us  on  other  errands  to  the 
opposite  wing  of  the  Capitol.  And,  furthermore,  there  was  a 
large  army  of  foreign  diplomats,  public  functionaries,  and  prom- 
inent citizens,  who  were  constantly  coming  to  the  Capitol  to 
visit  or  confer  with  Congressmen,  and  it  was  useful  to  know  the 
names  and  countenances  of  as  many  of  these  as  possible.  It 
required  keen  vision  and  a  good  memory  to  keep  track  of  so 
many  faces,  and  it  was  some  time  before  I  could  distinguish 
Representative  Poland  from  Sir  Edward  Thornton,  the  British 
Minister.  Their  resemblance  caused  me  embarrassment  on 
several  occasions  in  the  delivery  of  messages ;  but  finally  I 
became  aware  of  the  great  fact  that  Mr.  Poland  always  wore 


DlMLM'TJl'I-:   DR;M  I  ARIES.  3 1 

a  swiillow-tailed  coat   with    brass    buttons,   and   ni\-  perplexit}' 
thereupon  ceased. 

Seven  of  the  pages,  as  I  have  said,  were  to  wait  upon  one 
half  of  the  Senators,  while  the  other  seven  were  to  serve  the 
other  half.  They  were  expected  to  sit  on  the  lower  steps  on 
either  side  of  the  platform  occupied  by  the  Vice-President  and 
clerks.  Whenever  a  Senator  wanted  an  errand  done  he  would 
clap  his  hands  or  beckon  with  his  finger,  and  it  was  the  dut}'  of 
one  of  the  pages  on  that  side  of  the  Chamber  to  go  to  him  and 
find  out  what  he  wished.  After  having  performed  the  errand  or 
attended  to  the  wants  of  the  Senator,  the  page  was  expected  to 
return  to  his  seat  and  wait  until  some  other  Senator  called.  As 
a  matter  of  fact,  though,  the  pages  would  generally  be  flying 
about  in  all  directions  regardless  of  these  rules  ;  boys  from  the 
Democratic  side  would  be  running  messages  for  the  Republican 
side,  and  boys  from  the  Republican  side  would  be  encroaching 
upon  the  privileges  of  their  rivals  on  the  Democratic  side — for 
there  was  quite  a  spirit  of  rivalry  between  the  two  sides,  and  it 
was  frequently  shown  in  racing  for  messages  and  in  other  livel)' 
yet  good-natured  ways.  Sometimes  the  Senators  could  not 
think  of  anything  to  send  the  pages  for,  and  we  would  have  an 
easy  time  ;  and,  instead  of  sitting,  as  we  ought,  in  an  erect  and 
dignified  position,  we  would  kneel  down  upon  the  soft  carpet 
and  play  marbles.  I  have  often  gone  up  on  the  Republican  side 
to  where  the  Vice-President  sat,  as  on  a  throne,  and  played 
marbles  with  a  page  on  the  Democratic  side,  almost  under  the 
Vice-President's  chair.  It  would  make  some  of  the  Senators 
angry  to  see  us  do  this,  especially  Senator  Anthon\',  who  of  late 
years  was  called  the  "  Father  of  the  Senate,"  a  distinction  given 
to  the  senior  member  in  continuous  service."      But  most  of  the 

*In  1872  Senator  Sumner  was  the  '"  Father  of  the  Senate  "  ;  upon  his  death  in  1874, 
Senator  Anthony  succeeded  to  the  title ;  and  upon  Senator  Anthony's  death  in  1885. 
Senator  I'.dnuinds  acquired  it.     In  1872  the  "  Father  of  the   House  "  was  Represcnta- 


32 


AMONG    THE  LAW-MAKERS. 


Senators  believed  in  letting  us  do  whatever  we  pleased,  so  long 
as  we  kept  still,  while  the  young  ladies  in  the  gallery  usually 
paid   more   attention   to  what  we    did  than  to  what    the    law- 


Pages  at  Mischief. 

makers  were  doing.      Perhaps  it  was  this  that  used  to  annoy 
Senator  Anthony. 


tive  Dawes  ;  upon  the  transfer  of  Mr.  Dawes  to  the  Senate  in  1875,  Representative  Kel- 
lev  succeeded  to  tlie  distinction. 


DIMIXUTIM-:   niGiXITARIES.  33 

The  Senators  would  send  us  on  every  conceivable  sort  of 
errand,  and  I  found  my  store  of  information  rapidly  increasing 
each  day.  Occasionally,  however,  I  would  be  puzzled.  Some 
of  the  Senators  were  rather  reckless  in  their  chirography,  and 
frequently  one  of  thcni  would  simply  hand  to  me  a  letter  or  a 
scrap  of  paper  with  some  writing  on  it,  without  saying  anything 
at  all,  expecting  me  to  understand  what  he  wished.  I  would 
turn  these  notes  upside  down,  side- wise,  and  corner-wise,  and 
could  hardly  tell  from  the  hieroglyphics  whether  the  words  were 
good  old  Anglo-Saxon  or  Hebrew.  If  a  fly  had  fallen  into  an 
ink-bottle,  and,  after  being  extricated,  had  walked  over  the 
paper  on  which  such  scrawls  were  written,  dragging  the  ink 
after  it,  the  tracks  on  its  line  of  march  could  have  been  almost 
as  readily  translated  into  the  English  language.  But,  though  I 
was  very  young  and  not  especially  precocious,  I  studied  these 
various  eccentricities,  or  styles — I  was  about  to  say  "systems" 
— of  legislative  handwriting  with  such  ardor,  that  I  finally  be- 
came able  to  read  them  all.  So  well  known  did  this  accomplish- 
ment of  mine  become,  that  I  was  at  times  appealed  to  by  per- 
sons about  the  Capitol  to  decipher  writings  of  other  people,  and. 
strange  as  it  may  seem.  Senators  have  actually  asked  me  to  read 
their  own  marks  which  they  themselves  have  been  unable  to 
recognize  after  making.  I  teased  a  Senator  about  this  one  day, 
and  told  him  I  thought  it  was  curious  he  could  not  read  his  own 
handwriting.  He  did  not  like  to  acknowledge  this  fact,  and  de- 
clared that  he  could. 

"  Well,"  said  I,  picking  up  a  letter  which  he  had  just  written 
and  which  lay  upon  his  desk,  "  I'll  wager,  sir,  you  can't  tell  what 
word  that  is,"  and  I  put  my  two  hands  upon  the  sheet  of  paper 
so  as  to  cover  all  of  the  writing  except  that  particular  word. 

"  Oh,"  he  exclaimed,  as  if  I  were  doing  an  unreasonable 
thing  in  covering  up  the  other  words,  "  take  }-our  hands 
away  !  " 

3 


34 


AMOi\G    THE   LAW-MAKERS. 


But  then  he  could  not  make  out  the  word,  even  by  the  help  of 
the  others  or  the  context  of  the  letter,  and  laughingly  admitted 
that  he  had  forgotten  what  the  scratches  were  intended  for.  At 
another  time,  I  saw  on  a  desk  a  piece  of  paper  that  had  on  it  a 
comical  likeness  or  image  of  a  human  skeleton  in  miniature — a 
profile  view  of  the  skull,  the  ribs,  and  the  other  bones,  even  to 
the  foot.  I  wondered  who  the  senatorial  artist  was, 
and  in  handling  the  paper  I  chanced  to  turn  it  an- 
other way.  And  what  do  you  think  it  was  ?  It 
wasn't  meant  for  a  skeleton,  after  all.  It  was  noth- 
ing else  than  a  very  hasty  autograph  of  Senator 
George  F.  Edmunds  ! 

Senator  Edmunds  did  not,  perhaps,  write  more 
badly  than  certain  other  Senators,  but  many  officers 
besides  myself  were  often  embarrassed  by  his  mys- 
terious penmanship.  Once  he  offered  a  motion  or 
resolution,  and  sent  it  to  the  Clerk's  desk  to  be  read. 
Major  McDonald  studied  over  it  for  quite  a  while, 
and,  as  he  seemed  unable  to  make  headway  with  it, 
the  Senator  exclaimed  :  "  Here,  give  it  to  me  ;  I'll 
read  it !  "  and  going  to  the  desk  he  received  it  from 
the  Clerk.  Standing  in  front  of  the  desk,  he  stared 
at  the  paper  for  a  few  moments,  turned  it  in  various 
positions,  and  seemed  likewise  confused  in  regard  to 
it.  As  a  subdued  titter  came  from  his  associates  and 
from  the  galleries,  he  bravely  began  to  read.  Sud- 
denly he  stopped  short.  But  Major  McDonald,  who  chirography. 
had  been  panting  for  revenge  and  watching  the  paper,  at  once 
interposed  and  said  in  a  hoarse  whisper  :  "  You  have  it  upside 
down,  Senator."     And  so  he  had  ! 

But  even  if  the  handwriting  had  been  legible,  the  meaning 
of  the  inscriptions  was  peculiarly  bewildering.  For  example, 
how  in  the  name  of  common  sense  was  an  ordinary  mortal  (and 


Senatorial 


DIMINUTIVE   DIGNITARIES.  35 

especially  a  young  mortal,  fresh  from  the  pages  of  Shakespeare 
and  Scott)  to  know  that  the  memorandum  "  H.  432"  meant 
that  the  Senator  wanted  "  House  of  Representatives  Bill  No. 
432  ?  "  Yet  that  was  an  easy  enigma  compared  with  some 
others,  and  to  solve  these  matters  I  was  occasionally  obliged  to 
call  in  the  friendly  assistance  of  Mr.  Amzi  Smith,  the  genius  of 
the  Document  Room  :  and  what  he  could  not  make  out,  in  the 
shape  of  senatorial  puzzles,  was,  in  my  opinion,  beyond  all  hu- 
man ken. 

One  useful  rule  of  conduct,  I  learned  at  the  very  beginning 
of  my  experience — I  never  betrayed  my  ignorance  to  a  Senator. 
Mad  I  done  so,  he  might  not  have  had  sufficient  confidence  in 
my  ability  to  entrust  me  with  an  important  message,  and  might 
have  called  another  page.  If,  therefore,  a  Senator,  asked  me 
to  carry  a  despatch  to  the  House  of  Representatives  and  hand 
it  to  a  certain  member,  I  would  undertake  the  charge  with  per- 
fect self-possession,  and  if  I  did  not  know  the  member,  I  would 
manage  to  find  him  by  inquiry  after  I  got  to  the  House.  Some- 
times I  would  be  sent  for  a  certain  book,  and  I  would  hardly 
know  where  to  go  for  it — whether  to  the  Senate  Library,  where 
are  kept  books  only  of  a  particular  class,  or  to  the  Law  Library, 
which  contains  works  on  purel}'  legal  subjects,  or  to  the  immense 
Congressional  Library,  including  hundreds  of  thousands  of 
volumes  ;  and  sometimes  I  would  have  to  try  each  of  these 
libraries  before  I  could  get  the  book.  Ikit  I  always  succeeded 
in  doing  it,  and  without  waste  of  time  on  my  part.  Only  once, 
during  the  whole  term  of  four  years  that  I  was  in  the  Senate, 
did  a  Senator  ever  feel  provoked  at  the  manner  in  which  I  exe- 
cuted any  order  given  to  me.  It  was  a  memorable  day.  A 
Senator  was  making  a  very  important  argument,  the  galleries 
were  packed,  and  every  one  was  listening  intently  to  what  he 
was  saying.  In  the  course  of  his  speech  he  had  occasion  to 
refer  to  a  certain  book,  and  searching  through  the  pile  he  had 


^6  AMONG    THE  LAIV-MAKERS. 

upon  his  table,  found  that  the  one  he  needed  was  not  there. 
I  was  standing  at  the  end  of  the  Secretary's  desk,  and,  looking 
straight  at  me,  he  called  out  : 

"  Bring  me  the  third  volume  of  the  Trial  of  Queen  Caro- 
line." 

I  supposed  that  he  would  not  be  able  to  proceed  with  his 
speech  without  the  book,  and  I  felt  very  anxious  to  bring  it  to 
him  as  quickly  as  possible.  I  knew  the  book  very  well,  having 
had  occasion  to  get  it  before,  and  that  it  was  in  the  Law 
Library  on  the  floor  below,  underneath  the  room  occupied  by 
the  Supreme  Court.  It  was  quite  a  distance,  but  I  had  my 
slippers  on,  and  I  almost  flew  through  the  marble  corridors, 
going  down  the  winding  stairway  in  a  manner  that  must  have 
astonished  people  who  saw  me.  Rushing  into  the  room,  gasp- 
ing for  breath,  I  said  to  one  of  the  librarians  : 

"  Senator wants  the  third  volume  of  the  Trial  of  Queen 

Caroline,  please." 

It  was  a  book  that  he  could  have  found  and  given  to  me  in 
a  very  i&w  moments,  but  for  some  reason  or  other  he  did  not 
seem  inclined  to  rise  out  of  the  chair  in  which  he  was  sitting. 
After  waiting  a  short  while  and  realizing  that  every  moment's 
delay  detracted  from  my  glory,  I  again  appealed  to  him  : 

"  Won't  you  please  get  me  the  book  ?  The  Senator  is  in  the 
midst  of  a  speech,  and  is  waiting  for  it."  But  the  librarian  an- 
swered :  "  Well,  he  can  wait."  And  then  he  continued  to  sit 
there,  perfectly  unconcerned,  for  fully  five  minutes.  Soon,  in 
came  a  page,  who  shouted  to  me  very  excitedly  :  "  You'd  bet- 
ter hurry  up  with  that  book  !  "  And  the  librarian  merely 
smiled  sardonically — "  but  never  a  word  spake  he." 

Two  or  three  minutes  later  another  page  entered,  more  ex- 
citedly than  the  first,  and  I  really  believe  that,  before  the  librarian 
condescended  to  get  the  book,  nearly  every  page  in  the  Senate 
was  there  to  escort  me  back  in  disgrace  to  the  Senate-chamber. 


DIMINUTIM-:   DIGXITARIES.  37 

The  errand  would  ordinarily  have  taken  perhaps  five  minutes  ;  if 
the  librarian  had  acted  promptly,  I  believe  I  would  have  accom- 
l)lished  it  within  three  minutes  ;  as  it  was,  the  delay  was  at  least 
fifteen  minutes,  and  when  I  reached  the  Senate,  I  hardly  had 
the  courage  to  give  the  book  to  the  Senator,  who  was  still 
speaking.  As  I  approached  him  with  it,  he  gave  a  majestic 
wave  of  his  hand,  saying  very  sharply  and  in  a  tone  that  was 
heard  by  every  one  :  "  You  may  take  it  back.  I  don't  want  it 
now."  This  made  the  tears  come  to  my  'ey^5..  I  knew  I  had 
done  the  best  I  could  ;  yet  all  my  good  intentions  and  earnest 
effort  went  for  naught.  I  suppose  the  spectators  wrere  unani- 
mously of  the  opinion  that  I  was  a  very  lazy  and  stupid  boy. 
Since  that  occurrence,  in  my  battle  with  worldly  affairs,  I  have 
frequently  heard  of  persons  being  unjustly  suspected  and  ac- 
cused by  people  who  knew  nothing  of  the  facts,  but  who  based 
their  judgment  merely  upon  appearances,  as  in  this  case.  But 
people  who  do  not  know  the  facts  in  any  matter  have  hardly 
the  right  to  form,  much  less  to  express,  an  unfavorable  opinion 
of  a  fellow-man.  That  is  the  way  I  have  always  felt  since  I  be- 
came old  enough  to  look  at  things  philosophically. 

And  so,  although  I  felt  stung,  I  gritted  my  teeth  and  walked 
quietly  to  my  place.  I  had  made  quite  a  reputation  for  being 
prompt,  polite,  and  intelligent,  and  the  Senator  possibly  feared 
he  had  hurt  my  feelings,  when  perhaps  I  had  not  merited  such 
treatment,  for  after  the  Senate  adjourned  he  asked  me  the  cause 
of  the  delay.  1  stated  that  T  had  brought  the  book  to  him  as 
soon  as  I  could  get  it,  but  said  nothing  further,  thinking  that 
explanation  sufficient.  Some  of  the  pages,  however,  who  had 
clustered  about  to  hear  the  Senator  scold  me,  here  interposed, 
and  told  how  the  librarian  had  idly  sat  in  his  chair,  apparently 
out  of  sheer  wickedness.  What  the  Senator  did  I  do  not  know, 
but  I  heard  that  he  gave  the  librarian  a  little  discourse  that  was 
chiefly  remarkable  on  account  of  its  forcible  adjectives.     If  so, 


38  AMONG    THE  LAW-MAKERS. 

I  presume  the  librarian  regarded  me  as  responsible  for  it ;  but 
I  was  not. 

It  required  considerable  diplomacy  to  execute  many  of  the 
missions  committed  to  us  without  getting  into  difficulty.  I  have 
been  sent  on  very  important  messages  involving  secrecy  and 
tact,  and  have  had  to  convey  unpleasant  information  to  un- 
gentlemanly  beings.  My  duties  threw  me  among  people  of  all 
grades  and  conditions,  from  the  President  of  the  United  States 
to  the  humblest  person  in  the  land  ;  but,  amid  all  vicissitudes, 
I  vigilantly  endeavored  to  maintain  the  dignity  of  my  office  as 
a  senatorial  ambassador. 

People  would  come  to  the  Senate  and  send  in  their  cards  to 
Senators  who  did  not  wish  to  see  them.  Many  of  these  were 
"bores,"  and  we  cannot  blame  the  legislators  for  declining  to 
be  bothered.  But,  on  the  contrary,  I  have  often  seen  poor 
men  and  women  haunting  the  doors  of  the  Senate  day  after 
day,  beseeching  just  one  moment's  interview,  with  an  earnest- 
ness that  always  aroused  my  sympathy. 

Some  of  the  Senators,  not  knowing  these  people  or  not 
wishing  to  be  troubled  at  the  time,  would  give  various  excuses 
for  not  coming  out.  On  one  occasion  a  very  pleasant-looking 
lady,  who  evidently  wished  assistance  in  some  matter  of  deep 
concern  to  her,  asked  me  to  hand  her  card  to  a  Senator,  whose 
name  I  shall  not  mention,  and  I  did  as  she  requested.  The 
Senator  looked  at  the  card,  and  at  once  said  :  "  Tell  the  lady 
I  am  very  busy,  and  must  ask  her  to  excuse  me." 

1  accordingly  gave  the  message  to  the  lady.  "But,"  I 
added,  "  if  there  is  anything  you  desire  to  say  to  him,  I  shall 
be  very  glad  to  carry  the  message."  She  then  explained  that 
she  was  a  soldier's  widow  and  had  what  is  known  as  a  "  pen- 
sion claim  "  against  the  Government,  and  that,  as  a  law  of  Con- 
gress was  necessary  before  the  claim  could  be  paid,  she  wished 
some  Senator  to  introduce  a  "  bill  "  (which  is  the  first  step  to- 


DIMINUTIVE  DIGNITA RIES, 


39 


ward  a  "  law,"  as  I  shall  hereafter  explain),  in  order  that  her 
family  might  get  the  money  and  relieve  their  wants.  She  fur- 
ther said  that   she  was  not  acquainted    with  any  members  of 


'V/'TA--Kp«5r;f 


Her  Legal  Adviser. 


the  Senate  or  House,  but  had  presumed  to  apply  to  this  Sena- 
tor, as  he  was  from  her  State.  I  then  told  her  that  I  did  not 
think  he  would  be  likel}'  to  trouble  himself  much  about  the 
matter,  but  that,  if  she  desired,  I  would  speak  to  Senator  Pratt, 


40  AMOA'G    THE  LAIV-MAKERS. 

who  was  Chairman  of  the  Committee  on  Pensions  of  the  Sen- 
ate, and  that  as  he  was  a  very  kind-hearted  man  I  was  sure  he 
would  assist  her,  although  he  was  not  one  of  the  two  Senators 
from  her  State.  She  said  that  she  would  be  grateful  if  I  would 
help  her  in  any  way,  as  she  did  not  know  what  to  do.  I  took 
her  papers  and  went  to  Senator  Pratt,  told  him  all  about  the 
case,  and  asked  him  if  he  would  not  do  what  he  could.  He 
said,  "  Where  is  the  lad}^  ?  "  I  told  him  she  was  waiting  in 
the  reception-room,  and  he  replied,  "  Well,  take  me  to  her," 
and  I  did  so.  The  result  was  that  the  Senator  introduced  the 
bill  for  her,  it  passed  through  both  Houses  of  Congress,  was 
approved  by  the  President,  became  a  law,  and  she  got  her 
money  within  a  few  months. 

It  was  thus  very  often  in  our  power  to  aid  strangers  and 
others.  I  have  many  a  time  spoken  with  Senators  who  refused 
to  see  deserving  people  seeking  interviews,  telling  them  that 
the  applicants  were  old  or  delicate  or  some  other  facts  to  excite 
their  interest,  and  the  Senators  as  often  would  change  their 
minds  and  go  out  and  see  the  persons. 

But  while  the  pages  could  be  considerate  and  obliging,  they 
could  also  be  otherwise,  if  their  dignity  were  involved.  We 
could  be  as  "aggravating"  as  any  boys  can  be,  when  we 
wished,  and  some  folks  must  have  thought  us  little  demons. 
Although  we  were  employed  to  wait  upon  the  Senators,  "  out- 
siders "  would  encroach  upon  our  good-nature  and  ask  us  to  do 
things  which  they  could  do  as  well  themselves,  and  when,  per- 
haps, we  had  our  hands  full  of  other  work.  We  always  refused 
to  attend  to  these  matters,  if  the}"  were  put  in  the  shape  of  a 
demand  instead  of  a  request.  There  were  several  newspaper 
reporters  in  the  gallery  over  the  Vice-President's  chair  who  fre- 
quently ignored  our  rights.  A  reporter  would  wish  to  ask  a 
question  of  a  Senator,  and,  rather  than  come  down  the  stairs 
and   send   in   his  card,  would  drop  a  note  from  the  gallery,  ex- 


DJMLWTIVK   DIGMTARIES.  41 

pecting  one  of  us  to  pick  it  up  and  iuind  it  to  the  Senator  to 
whom  it  was  addressed.  This  was  a  rather  officious  request 
sometimes,  when  we  were  tired  and  worn  out  from  excessive 
running,  and  would  hardly  feel  hke  going  up  to  where  the 
reporter  was,  in  the  roundabout  way  in  which  we  should  have 
had  to  go,  to  deliver  him  the  information  called  for,  and  then 
come  all  the  way  back.  I^ut,  whether  we  were  tired  or  full 
of  actix'it}',  we  did  not  like  the  matter-of-course  manner  in 
which  some  of  the  reporters  demanded  our  services  ;  and  we 
would  often  let  the  note  remain  where  it  had  fallen  on  the 
carpet.  Sometimes,  out  of  pugnacity,  we  would  surround  the 
paper  and  walk  around  it,  gazing  at  it  apparently  with  great 
curiosity,  but  evincing  no  inclination  to  touch  it.  Finally, 
when  the  reporter  would  lean  over  the  edge  of  the  gallery, 
and,  in  a  very  obsequious  manner,  would  bow  his  head  and 
smile  and  go  through  a  lot  of  gymnastics  to  indicate  to  every- 
body else  in  the  galleries  that  the  "  squib  "  would  not  "  go 
off,"  and  that  he  would  be  exceedingly  obliged  if  one  of  our 
excellencies  would  graciously  convey  the  paper  to  its  desired 
destination,  one  of  us  would  pick  it  up  ;   but  not  until  then. 

In  addition  to  the  duties  pertaining  to  the  position  of  page, 
I  soon  became  competent  to  assist  ofiticers  of  the  Senate  in 
various  ways  :  at  one  time,  relieving  a  door-keeper  at  his  post ; 
at  another,  acting  as  a  scribe,  or  private  secretary,  to  a  Senator. 
But  the  honor  or  privilege  that  I  particularly  enjoyed  was  that 
of  hauling  up  the  flag.  Every  day,  when  the  Senate  met,  a 
flag  would  be  hoisted  to  the  top  of  the  staff  on  the  roof  of  the 
Senate,  to  notify  people  of  that  fact,  and  it  would  so  remain 
until  the  Senate  adjourned  for  the  day,  when  it  would  be 
lowered.  The  same  thing  was  done  as  regards  the  sessions  of 
the  House. 

The  man  who  had  charge  of  the  Senate  flag,  not  caring  es- 
peciall}'  about  the  trouble  of  ascending  the  tedious  stairs  leading 


42  AJfO.YG    THE  LAW-MAKERS. 

to  the  roof,  finally  permitted  me  to  act  for  him.  Accordingly, 
every  day,  a  little  before  the  time  for  the  meeting  of  the  Sen- 
ate, I  would  get  the  keys  and  go  aloft,  and,  having  arranged  the 
flag  and  halyards,  would  wait  there  with  the  rope  in  my  hand, 
ready  to  act.  When  the  steam-whistles  all  over  the  city  began 
to  blow,  announcing  twelve  o'clock,  I  would  haul  away  until 
the  flag  reached  the  top  of  the  pole,  and,  after  fastening  the 
rope  near  the  bottom,  would  descend  to  the  Senate-chamber, 
with  a  profound  conviction  that  I  was,  after  all,  a  very  impor- 
tant personage.  Sometimes  I  would  have  so  many  other  mat- 
ters to  attend  to  that  I  would  forget  to  hoist  the  flag  for 
several  hours  after  the  meeting  of  the  Senate  ;  and  then  some- 
times I  would  go  home  after  the  Senate  adjourned,  forgetting 
to  lower  it,  and  it  would  remain  there  during  the  entire  night. 
But  no  great  harm  resulted  from  these  omissions,  except  that 
occasionally  Senators,  not  observing  the  flag,  would  stay  at 
home  when  they  should  have  been  at  the  Senate,  or,  seeing  it 
waving,  would  trudge  to  the  Capitol  only  to  find  that  the 
Senate  had  adjourned  and  that  tliey  could  return  whence  they 
came. 

That  flag,  although  to  me  an  object  of  devotion,  gave  me 
more  or  less  annoyance.  Very  often,  at  such  a  height,  the 
wind  blew  with  considerable  violence,  and,  in  a  stiff  breeze, 
after  hauling  the  flag  to  the  top,  I  would  attempt  to  fasten  the 
halyards,  and  not  be  aware,  until  some  one  mentioned  the  fact 
long  afterward,  that  I  had  left  the  flag  at  half-mast.  This  was 
caused  by  the  rope  slipping  while  I  was  fastening  it  at  the 
bottom.  Of  course,  the  flag  at  half-mast  being  an  indication 
that  a  Senator  or  some  other  great  functionary  of  the  Govern- 
ment was  dead,  this  state  of  affairs  was  somewhat  embarrassing. 
But  I  capped  the  climax  one  day.  The  Senate  had  been  in 
session  for  several  hours,  when  in  came  a  Senator  who  had  just 
arrived  at  the  Capitol,  and  inquired  of  a  group  of  fellow-law- 


DiM/xri iM'.  niGxrr.\Rn-:s.  43 

makers  what  the  Senate  was  in  distress  about.  He  narrated 
something  that  caused  them  to  smile  ;  and  after  they  had  en- 
joyed themselves  for  a  while  in  this  way,  one  of  them  sent  for 
Captain  Bassett,  and  spoke  to  him.  The  Captain  nervously 
returned  and  told  me  to  go  up  to  the  roof  and  fix  the  flag.  I 
could  not  imagine  what  could  be  the  matter  with  it,  but  when 
I  stepped  on  the  roof  I  at  once  beheld  the  cause  of  the  mirth. 
In  raising  the  flag  I  had  hauled  away  on  the  wrong  rope,  and 
there  was  the  grand  ensign  of  our  Republic  floating  serenely 
in  the  breeze — upside  down  ! 

Of  course,  during  the  few  days  that  it  took  me  to  become 
familiar  with  my  duties,  the  Senate  continued  its  sessions. 
That  is,  it  did  not  suspend  them  on  my  account  ;  but  noth- 
ing extraordinary  happened  until  December  20th,  when  both 
Houses  of  Congress  adjourned  to  January  6th.  As,  under 
the  provisions  of  the  Constitution,  neither  body  can  adjourn 
for  a  longer  period  than  three  days  without  the  consent  of  the 
other,  it  became  necessary  for  both  Houses  to  agree  to  this, 
which  was  done  by  means  of  a  concurrent  resolution.  Not 
much  business  is  transacted  by  Congress  during  the  month  of 
December.  The  law-makers  hardly  arrive  in  Washington  and 
unpack  their  trunks  before  they  begin  to  think  about  Christ- 
mas and  New  Year's,  and  wish  to  depart  for  their  homes  to 
enjoy  the  accustomed  festivities  about  their  own  fire-sides. 
Upon  re-assembling  in  January,  both  bodies  applied  them- 
selves to  work  in  good  earnest,  and  my  labors  increased  in 
proportion. 

But  while  attending  to  the  duties  demanded  of  me,  I  was 
very  observant  of  the  manner  in  which  the  law-makers  attended 
to  their  own.  Having  become  connected  with  the  Senate  and 
introduced  to  it,  as  I  have  described,  and  feeling,  with  the 
natural  conceit  of  an  American  boy,  that  I  thereby  became  a 
part  of  the  legislative  department  of  the  Government,  I   con- 


44  AA/OA'G    THE  LAW-MAKERS. 

sidered  that  I  ought  to  inform  myself  thoroughly  about  the 
powers  of  Congress,  and  therefore  resolved  to  watch  closely  the 
proceedings  of  each  body  in  the  great  business  of  legislation. 
The  result  of  some  of  my  observations  I  shall  endeavor,  briefly, 
to  state. 


CHAPTER  V. 

PROCEDURE. 

The  scope  and  form  of  the  various  requests,  proceedings, 
or  instruments  by  which  Congressional  action  is  asked  or  taken, 
are  carefully  defined.  A.  petition,  for  \\\st?i.x\CQ,  prays  something 
— a  rcnionstranee  has  no  prayer  ;  and  it  is  necessary  that  every 
petition  addressed  to  the  Senate  shall  be  signed  by  the  peti- 
tioner or  petitioners,  and  a  general  statement  of  its  object  must 
be  given  by  the  Senator  presenting  it  before  it  will  be  received. 
In  the  House,  petitions  are  filed  by  the  Representatives  in 
wholesale  quantities  with  the  Clerk,  instead  of  being  orally  in- 
troduced in  open  session,  after  the  fashion  of  the  Senate. 

Motions  are  generally  oral,  although  they  must  be  reduced 
to  writing  if  required  by  a  member,  and  relate  to  current  pro- 
ceedings, such  as  adjournment,  recess,  or  disposition  of  busi- 
ness before  the  body. 

When  either  House  issues  a  coniniand  to  its  officers  or  in 
regard  to  its  own  affairs,  it  is  by  an  order,  the  phrase  employed 
being,  "  Ordered,  That,"  etc. 

But  "  facts,  principles,  and  their  own  opinions  and  purposes 
are  expressed  in  the  form  of  resolutions,''  the  phrase  being, 
"  Resolved,  That,"  etc.  A  simple  resolution  extends  onh'  to 
the  affairs  of  the  body  adopting  it. 

There  are  some  things  that  can  be  accomplished  only  by 
the  action  of  both  Houses,  and,  in  minor  matters  of  that  de- 
scription,   the  form  employed  is  a    eonenrrent    resolution,   the 


46  AMONG    THE   LAW-MAKERS. 

language  being  :  ''  Resolved  by  the  House  of  Representatives  (the 
Senate  eoncurring).  That,"  etc.,  or,  "  Resolved  by  the  Senate 
{the  House  of  Representatives  conciirring),''  depending  upon 
which  body  originates  the  resolution.  A  concurrent  resolution 
is  necessary,  for  example,  to  effect  an  adjournment  of  either 
House  for  a  longer  period  than  three  days,  as  in  the  case  of  ad- 
journment over  the  Christmas  holidays.  While  the  Constitution 
declares  that  there  shall  be  at  least  one  session  every  year,  no 
limitation  is  fixed  upon  the  length  of  a  session  when  so  begun, 
except  that  which  arises  out  of  the  provision  requiring  an  an- 
nual session  and  the  other  provision  fixing  the  duration  of  a 
Congress.  It  is  evident  that  a  session  could  not  run  beyond 
twelve  o'clock  on  March  4th  of  a  second  year,  although  the  first 
session  of  a  new  Congress  might  immediately  follow  ;  and 
were  one  session  to  continue  to  the  first  Monday  of  December, 
it  would  necessarily  come  to  an  end,  although  another  session 
would,  under  the  Constitution  and  present  law,  commence  on  the 
same  day.  Apart  from  these  restrictions,  the  two  Houses  have 
the  right  to  determine  when  a  session  shall  terminate,  and  such 
time  is  fixed  by  a  concurrent  resolution .  But  in  case  of  disagree- 
ment between  them  with  respect  to  the  time  of  adjournment,  the 
President  may  adjourn  them  to  such  time  as  he  shall  think  proper. 
Joint  resolutions  are  the  highest  forms  of  resolutions,  the 
resolving  clause  being  :  "  Resolved  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  Aineriea  in  Congress 
assembled."  In  this  form,  proposed  amendments  to  the  Con- 
stitution are  submitted  to  the  States  for  ratification ;  thanks  or 
other  tributes  of  respect  are  tendered  to  foreign  powers,  or  to 
distinguished  persons — those  of  our  own  country  included  ;  and 
so  on.  There  is  a  nice  distinction  between  21  Joint  resolution 
and  a  bill,  but  the  law-makers  sometimes  lose  sight  of  it,  for 
we  find  them  using  joint  resolutions  to  appropriate  money  and 
for  other  purposes  which  bills  are  intended  to  serve. 


PROCEDURE.  47 

Legislation,  strictly  speaking,  is  done  by  means  of  bills, 
which  begin  :  ''Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress  assem- 
bled.'' This  is  known  as  the  "enacting  clause,"  which  gives 
vitality  to  the  provisions  which  follow ;  without  it,  a  bill  would 
be  worthless.  Frequently,  after  a  stubborn  fight  has  been 
made  in  either  House  over  the  body  of  a  bill,  the  opposition 
move  to  "  strike  out  the  enacting  clause,"  and  the  success  of 
that  motion  would  seal  the  fate  of  the  measure. 

There  are  two  classes  of  bills — public  bills  and  private  bills. 
It  is  by  public  bills  that  measures  designed  for  enforcement 
throughout  the  country  and  involving  the  legal  rights  of  the 
people,  are  enacted.  When  enacted,  they  become  laws,  and 
are  styled  "  Public  Acts  of  Congress,"  "Statutes-at-large,"  or, 
more  generally,  ''  Public  Laws."  When  a  public  law  is  enact- 
ed, every  person  in  the  United  States  is  presumed  to  know  of 
it.  The  rule  is,  "  Ignorance  of  the  law  excuses  no  man." 
This  rule  seems  rather  harsh,  perhaps,  when  we  reflect  that  it 
is  difficult  to  understand  what  some  acts  of  Congress  really 
mean  ;  but  without  it  some  folks  would  be  constantly  breaking 
laws  and  then  shielding  themselves  behind  the  plea  of  igno- 
rance to  escape  punishment.  It  has  been  suggested  that  no 
act  should  go  into  effect  until  after  the  lapse  of  a  reasonable 
period  of  time,  to  afford  the  people  an  opportunity  to  post 
themselves  properly.  Yet  this  is  not  the  case.  Some  acts  do 
provide  that  they  shall  not  begin  to  operate  as  law  until  a 
specified  time  named  in  them,  but  most  of  them  take  effect 
inmiediately  upon  passage  and  approval  by  the  President.  In 
this  connection,  however,  I  should  note  that  Congress  cannot 
make  a  law  that  will  work  to  the  disadvajitage  of  any  citizen 
for  any  deed  done  by  him  before  the  enactment  of  the  law. 
Such  laws  would  be  retroactive,  or  ex  post  facto '^  laws;   and 

*  "  Done  after  another  thing." 


48  AMONG    THE  LAW-MAKERS. 

Congress  is  expressly  prohibited  by  the  Constitution  from  mak- 
ing them.     The  justice  of  this  provision  is  manifest. 

Private  bills  are  those  which  confer  benefit  upon  particular 
individuals,  as  distinguished  from  bills  affecting  the  interests  of 
the  general  public.  When  passed  they  are  styled  "  Private 
Acts  of  Congress,"  "  Private  Statutes,"  or  "  Private  Laws," 
and,  being  private,  and  for  the  advantage  of  some  individual  or 
class,  other  people  are  not  bound  to  take  notice  of  them. 

The  title  which  a  bill  or  resolution  bears  is  designed  to 
point  out  its  general  purpose  ;  and  to  more  clearly  indicate  the 
intent  of  Congress,  2i  preamble  is  sometimes  used. 

A  treaty  is  by  some  writers  classed  as  a  legislative  act,  and 
is  as  much  a  law  of  the  land  as  an  Act  of  Congress,  although  in 
the  making  of  a  treaty  the  House  of  Representatives  has  no 
power.  To  carry  out  the  stipulations  of  treaties,  however,  Acts 
of  Congress  are  often  necessary. 

Petitions,  resolutions,  bills,  or  other  matters  addressed  to  the 
attention  or  requiring  the  action  of  both  branches  of  Congress, 
may  be  presented  or  introduced  in  either  body.  There  is  but 
one  exception  to  this  general  statement.  The  Constitution 
prescribes  that  "  all  bills  for  raising  revenue  shall  originate  in 
the  House  of  Representatives." 

In  the  consideration  of  important  bills,  such  as  those  relating 
to  the  revenue,  the  Lower  House  organizes  itself  into  a  "  Com- 
mittee of  the  Whole  " — or,  to  be  more  exact,  into  a  "  Committee 
of  the  Whole  House  on  the  state  of  the  Union,"  in  consider- 
ing public  bills  and  business,  and  "Committee  of  the  Whole 
House  "  in  considering  private  bills.  When  the  House  goes 
into  Committee  of  the  Whole,  the  Speaker  leaves  the  Chair  and 
designates  a  member  to  take  it,  and  the  mace  is  taken  down. 
The  Representatives  thereupon  constitute  a  "  Committee,"  in- 
stead of  the  "  House,"  and  they  address  their  presiding  officer  as 
"  Mr.  Chairman,"  instead  of  "Mr,  Speaker."     After  transact- 


I'ROCEDURE.  49 

\\v^  its  work,  the  Committee  "  rises,"  the  Speaker  resumes  the 
chair,  the  mace  is  restored  to  its  pedestal,  and  the  House  re- 
ceives the  report  of  the  Chairman  just  as  if  it  were  the  report  of 
any  other  committee.  In  the  Senate  this  formahty  of  going  into 
Committee  of  the  Whole  applies  to  all  legislative  measures,  but 
it  is  merel)'  "  assumed,"  the  presiding  officer  being  always  "  Mr. 
President,"  and  the  journal  merel}'  stating  that  the  Senate  as  in 
Committee  of  the  Whole  did  so  and  so.  But  any  action  taken 
in  ''  Committee  of  the  Whole,"  by  either  of  the  Congressional 
bodies,  must  be  afterward  agreed  to  by  the  "  House''  or  "  Sen- 
ate,'' in  order  to  be  of  effect. 

Subject  to  certain  exceptions  a  majority  vote  of  each  House 
is  sufficient  to  pass  any  measure  before  it ;  but  every  order, 
resolution,  bill,  or  other  vote,  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except 
on  a  question  of  adjournment)  must  be  presented  to  the  Pre- 
sident of  the  United  States  for  his  approval  and  signature.  If 
the  President  disapproves  of  any  measure  so  passed  by  Con- 
gress, he  returns  it,  with  his  objections,  or  "  veto,"  *  to  the 
House  in  which  it  originated  ;  and  to  become  a  law,  in  the  face 
of  his  objections,  it  must  be  passed  again  b}'  each  House  and 
by  a  two-thirds  vote  instead  of  by  a  majority.  This  veto-power 
of  the  President  is  termed  his  "  negative,"  and  is  equivalent  to 
one-sixth  of  the  legislative  power  of  Congress — that  is,  the 
difference  between  two-thirds  and  a  majority. 

The  proceedings  of  Congress  are  methodical ;  otherwise, 
with  so  many  law-makers,  it  would  be  almost  impossible  to 
accomplish  anything  at  all  toward  advancing  the  interests 
of  the  nation.  To  restrain  their  proceedings  from  an  excess 
of  talk,  as  well  as  to  prevent  undue  haste  in  legislation,  nu- 
merous rules  are  established,  and  in  addition  to  the  standing 
rules  governing  the  affairs  of  each  House  as  independent  bod- 

"    "  I  torbid." 


50  AA/ONG    THE  LAIV-MAKERS. 

ies,  there  are  joint  rules  governing  them  in  their  mutual   inter- 
course. 

The  rule  of  the  Senate  regulating  debate  is  as  follows  : 

1 .  When  a  Senator  desires  to  speak  he  shall  rise  and  address  the  Presiding 
Officer,  and  shall  not  proceed  until  he  is  recognized,  and  the  Presiding 
Officer  shall  recognize  the  Senator  who  shall  first  address  him.  No  Sena- 
tor shall  interrupt  another  Senator  in  debate  without  his  consent,  and  to 
obtain  such  consent  he  shall  first  address  the  Presiding  Officer  ;  and  no 
Senator  shall  speak  more  than  twice  upon  any  one  question  in  debate  on 
the  same  day  without  leave  of  the  Senate  ;  which  shall  be  determined  with- 
out debate. 

2.  If  any  Senator,  in  speaking  or  otherwise,  transgress  the  rules  of  the 
Senate,  the  Presiding  Officer  shall,  or  any  Senator  may,  call  him  to  order  ; 
and  when  a  Senator  shall  be  called  to  order  he  shall  sit  down,3.nd  not  pro- 
ceed without  leave  of  the  Senate,  which,  if  granted,  shall  be  upon  motion 
that  he  be  allowed  to  proceed  in  order;  which  motion  shall  be  determined 
without  debate. 

3.  If  a  Senator  be  called  to  order  for  words  spoken  in  debate,  upon  the 
demand  of  the  Senator  or  of  any  other  Senator  the  exceptionable  words  shall 
be  taken  down  in  writing,  and  read  at  the  table  for  the  information  of  the 
Senate. 

The  corresponding  regulations  of  the  House  of  Representa- 
tives are  stated  in  one  long  rule,  significantly  entitled  "  of  De- 
corum and   Debate."  from  which  I  take  the  following  extracts  : 

1.  When  any  member  desires  to  speak  or  deliver  any  matter  to  the 
House,  he  shall  rise  and  respectfully  address  himself  to  "  Mr.  Speaker," 
and,  on  being  recognized,  may  address  the  House,  from  any  place  on  the 
floor  or  from  the  Clerk's  desk,  and  shall  confine  himself  to  the  question 
under  debate,  avoiding  personality. 

2.  When  two  or  more  members  rise  at  once,  the  Speaker  shall  name 
the  member  who  is  first  to  speak  ;  and  no  member  shall  occupy  tnore  than 
one  hour  in  debate  on  any  question  in  the  House  or  in  committee,  except 
as  further  provided  in  this  rule 

4.  If  any  member,  in  speaking  or  otJieriuise,  transgress  the  rules  of  the 
House,  the  Speaker  shall,  or  any  member  inay,  call  him  to  order  ;  in 
which  case  he  shall  immediately  sit  down,  unless  permitted,  on  motion  of 


PROCEDURE.  51 

another  member,  to  explain,  and  the  House  shall,  if  appealed  to,  decide 
on  the  case,  without  debate  ;  if  the  decision  is  in  favor  of  the  member 
called  to  order,  he  shall  be  at  liberty  to  proceed,  but  not  otherwise  ;  and, 
if  the  case  require  it,  Jic  shall  be  liable  to  censure  or  such  punishment  as 
the  House  may  deem  proper. 

5.  If  a  member  is  called  to  order  for  words  spoken  in  dcliate,  the  mem- 
ber calling  him  to  order  shall  indicate  the  words  excepted  to,  and  they 
shall  be  taken  down  in  writing  at  the  Clerk's  desk  and  read  aloud  to  the 
House 

6.  No  member  shall  speak  more  than  once  to  the  same  question  without 
leave  of  the  House,  unless  he  shall  be  the  mover,  proposer,  or  introducer 
of  the  matter  pending,  in  which  case  he  shall  be  permitted  to  speak  in 
reply,  but  not  until  every  member  choosing  to  speak  shall  have  spoken. 

7.  While  the  Speaker  is  putting  a  question  or  addressing  the  House  no 
member  shall  walk  out  of  or  across  the  hall,  nor,  when  a  member  is  speak- 
ing, ^rtjj  bettueen  him  and  the  Chair;  and  during  the  session  of  the  House 
Jio  member  shall  wear  his  hat,  or  remain  by  the  Clerk's  desk  durini^  the  call 
of  the  roll  or  the  countim^  of  ballots,  or  smoke  upon  the  floor  of  the  House/ 
and  the  Sergeant-at-Arms  and  Door-keeper  are  charged  with  the  strict  en- 
forcement of  this  clause. 

It  cannot  fail  to  be  noticed  how  much  more  strict  are  the  rules 
of  the  House  than  those  estabhshcd  by  the  Senate.  The  latter 
body  apparently  is  unwilling  to  assume  that  it  is  possible  for 
a  Senator  to  be  guilty  of  wearing  his  hat  or  smoking  upon  the 
floor  of  the  Chamber,  and  it  therefore  makes  no  express  provi- 
sion on  that  subject ;  and,  as  a  matter  of  fact,  they  always  do 
retire  to  the  cloak-rooms  when  they  wish  to  smoke,  which  is 
more  than  can  be  said  of  the  members  of  the  House.  Nor 
does  the  Senate  assume  that  the  power  of  its  Sergeant-at- 
Arms  is  necessary  to  restrain  the  Senators  from  disorderly 
conduct.  Indeed,  its  rule  does  not  mention  the  word  "  deco- 
rum," at  all. 

At  one  time  the  Senate  did  have  a  provision  prohibiting  any 
Senator  from  even  speaking  to  another  or  reading  a  newspaper, 
during  the  reading  of  the-journals  or  public  papers,  or  while  any 


52  A  J/0  AG    THE  LAW-MAKERS. 

member  was  speaking  in  debate ;  but  tliis  regulation  was  aban- 
doned. I  may  here  note  that  some  rules  are  usually  more  hon- 
ored in  the  breach  than  in  the  observance,  on  the  part  of  both 
Senators  and  Representatives  ;  although,  of  course,  this  is  done 
by  implied  consent,  for  whenever  a  Senator  or  Representative 
calls  the  attention  of  the  presiding  officer  to  the  fact  that  any 
rule  is  being  violated,  which  is  called  making  a  '*  point  of  or- 
der," it  is  the  duty  of  the  presiding  officer  to  at  once  enforce 
that  rule,  however  severe  or  apparently  unnecessary. 

One  provision  common  to  both  bodies  is  generally  enforced. 
It  is  made  the  imperative  duty  of  the  presiding  officer  to  call  a 
Senator  or  Representative  to  order  when  guilty  of  a  transgression 
of  the  rules.  Many  things  might  occur  which  would  be  con- 
trary to  decorous  notions,  and  yet  for  which  the  standing  rules 
fail  to  provide.  In  such  cases,  each  House  tacitly  recognizes 
the  right  of  its  presiding  officer  to  apply  the  general  principles 
which  regulate  the  proceedings  of  the  British  Parliament  (after 
whose  general  plan  the  Houses  of  Congress  were  fashioned) 
and  obtain  in  other  deliberative  assemblies.  These  unwritten 
rules  declare  it  to  be  a  violation  of  order  for  a  member  of  one 
branch  of  Congress  to  refer  to  any  action  in  the  other  branch, 
or  to  address  a  fellow-member  by  name,  or  to  indulge  in  per- 
sonalities, and  the  slightest  tendency  toward  their  infringe- 
ment is,  I  may  say,  instantly  checked  by  the  President  of  the 
Senate. 

But  while  it  is  also  improper,  according  to  parliamentary  de- 
cisions, to  walk  across  the  room,  "  or  to  walk  up  and  down,  or 
to  take  books  or  papers  from  the  table,  or  write  there,"  these 
injunctions  are  not,  ordinarily,  observed. 

There  is  another  parliamentary  maxim  seldom,  if  ever,  ap- 
plied, which  declares  that — 

No  one  is  to  speak  impertinently  or  beside  the  question,  superfluously, 
or  tediously. 


J'ROCEDCRE.  53 

And  it  is  also  laid  down  by  a  learned  authority,  that — 

If  a  member  finds  that  it  is  not  the  inclination  of  the  House  to  hear 
him,  and  that  by  conversation  or  any  other  noise  they  endeavor  to  drown 
his  voice,  it  is  his  most  prudent  way  to  submit  to  the  pleasure  of  the  House, 
and  sit  down  ;  for  it  scarcely  ever  happens  that  they  are  guilty  of  this  piece 
of  ill-manners  without  sufficient  reason,  or  inattentive  to  a  member  who 
says  anything  worth  their  hearing. 

This  may  be  good  philosophy,  but  as  it  has  not  the  force  of 
a  commandment  some  members  of  Congress  are  not  disposed 
to  heed  it. 

The  most  noticeable  difference  between  the  standing  rules 
of  the  two  Mouses  is  the  limitation  upon  debate.  In  the  Senate 
there  is  only  one  restriction — a  Senator  shall  not,  without  leave, 
speak  more  than  ticicc  on  any  one  question  in  debate  on  the  same 
day.  Having  obtained  the  floor  he  might  hold  it  and  speak  till 
doomsday,  so  far  as  any  express  rule  to  the  contrary  is  con- 
cerned ;  still,  the  constituticmal  limitation  upon  the  length  of  a 
Congress  and  upon  his  term  of  office  would  eventually  bring 
him  to  a  halt,  even  if  the  presiding  officer  should  not  enforce 
the  unwritten  rule  against  superfluous  and  tedious  talk. 

The  rule  of  the  House  is  positive  and  emphatic — no  member 
(subject  to  certain  exceptions)  shall,  without  leave,  speak  more 
tlian  once  to  the  same  question,  nor  shall  he  occupy  more  than 
one  hour.  Some  such  restriction  is  absolutely  necessary  in  so 
large  a  body  ;  for,  if  each  member  were  to  speak  one  whole 
day  on  the  same  subject,  the  House  would  be  obliged  to  sit 
every  day  in  the  year  in  order  to  pass  a  single  bill.  And  yet 
some  members  have  denounced  this  one-hour  rule  as  "  tyranny  I 
and  "  gag-law  !  " 

There  is  another  feature  of  still  more  importance — a  feat- 
ure unknown  to  the  Senate,  but  worshipped  by  the  majority  in 
the  House.  I  rwQ^xnXhc.  previous  question.  When  any  question 
is  before  the  House,  any  member  may  move  3.previous  question. 


54  AMONG    THE  LAW-MAKERS. 

which  signifies,  "  Shall  the  question  pending  before  the  House 
(called  the  main  question)  be  now  put  ?  "  The  call  being  sustained 
by  a  majority  of  the  members  present,  all  discussion  upon  that 
question — whatever  it  may  be — is  instantly  ended,  and  the 
House  is  brought  at  once  to  a  vote  upon  it.  It  will  thus  be 
seen  that  the  device  of  \\\e  previous  question  enables  a  majority 
at  any  time  to  shut  off  debate  and  put  the  minority  to  silence 
by  a  prompt  and  final  vote  on  the  immediate  question  under 
consideration.  This  power  of  the  majority,  therefore,  may  seri- 
ously interfere  with  the  rights  of  the  minority,  about  which  we 
shall  speak  hereafter. 

The  previous  question  applies  only  to  proceedings  in  the 
"House  "  proper,  and  to  get  away  from  its  operation  and  from 
other  restraints  upon  free  discussion  is  one  of  the  great  objects 
in  going  into  Committee  of  the  Whole.  Still,  the  majority  can 
at  anytime  order  the  Committee  to  "  rise,"  and,  upon  going 
back  into  the  House,  can  enforce  their  power  by  demanding 
the  previous  question,  or  by  passing  an  order  limiting  debate 
or  otherwise  binding  upon  the  members  should  they  return  to 
discuss  the  same  subject  in  Committee.  The  previous  question 
also  comes  in  for  a  goodly  share  of  denunciation  as  "  tyranny  !  " 
etc. 

In  the  discussion  of  certain  bills  and  resolutions,  for  the  con- 
sideration of  which  a  portion  of  each  day  is  assigned,  the  Sen- 
ate applies  what  is  known  as  the  "  five-minute  rule."  This  rule 
restricts  debate  upon  any  question  to  five  minutes,  but  as  it  re- 
lates only  to  measures  to  whose  consideration  no  objection  is 
made,  it  is  practically  no  exception  to  the  unlimited  privilege 
of  debate  mentioned.  This  five-minute  restriction  may,  by 
temporary  order,  and  under  a  pressure  of  business,  be  made  to 
apply  on  other  occasions.  It  obtains  especially  in  the  House. 
Its  strict  application,  however,  is  evaded  in  both  bodies  by  a 
very  simple  trick,  called  the   ''pro  forma   amendment."     For 


J'ROCEDURl-:.  55 

example  :  A  bill  is  before  the  House  iind  the  five-minute  rule 
ill  operation.  An  amendment  to  one  of  the  sections  of  the  bill 
is  proposed  and  is  the  immediate,  or  pending,  question.  A 
member  opposed  to  the  amendment  rises  and  begins  to  state 
his  objections.  In  the  middle  of  a  sentence  his  time  expires, 
and  the  sentence  is  cut  short  by  the  descent  of  the  Speaker's 
gavel.  Without  making  the  slightest  movement  toward  taking 
his  seat,  the  member  rapidly  says,  in  the  same  tone  of  voice,  as 
if  a  part  of  his  remarks,  "  I  move  to  strike  out  the  last  word," 
and  then  goes  straight  along  and  continues  his  speech  for  an- 
other five  minutes,  as  if  no  interruption  had  occurred.  This  is 
all  right,  under  the  rule,  because  theoretically  he  is  not  talking 
to  the  original  amendment,  but  is  speaking  on  another  and  dis- 
tinct question — his  pending  "  amendment  to  the  amendment  " — 
and  is  entitled  to  five  minutes  on  that  question.  When  stopped 
the  second  time,  and  not  being  permitted  to  propose  further 
amendment  (an  amendment  to  an  amendment  being  the  extent 
of  any  motion,  as  otherwise  a  member  might  continue  to  move 
to  amend  by  "  striking  out  words,''  one  at  a  time,  and  thus 
speaking  indefinitely),  he  says,  "  I  withdraw  the  amendment," 
and  takes  his  seat.  Then  another  member  rises,  talks  for  five 
minutes,  is  cut  short,  renews  the  same  old  amendment  about 
the  "last  word,'"  speaks  for  another  five  minutes,  is  stopped  a 
second  time,  withdraws  the  amendment,  and  resumes  his  scat. 
And  so  it  goes  on  and  on,  over  and  over  again,  each  member 
after  finishing  his  remarks,  withdrawing  the  pro  fonna  amend- 
ment, merely  to  let  the  next  speaker  renew  it  or  perhaps  vary 
it  by  a  motion  "  to  strike  out  next  to  the  last  word.''  If  a  mem- 
ber cannot  express  his  additional  ideas  in  the  five  minutes  thus 
secured,  he  can  proceed  only  by  unanimous  consent,  or  b)'  hav- 
ing some  friend  obtain  the  floor  and  yield  to  him  the  time  to 
which  he  (that  friend)  is  entitled.  The  pro  forma  amendment 
is  an  innocent  device,  but  the  way  in   which   it  is  used  in  the 


56  AMONG    THE  LAW-MAKERS. 

House  of  Representatives  renders  the  five-minute  provision 
somewhat  ridiculous. 

It  is  admitted,  on  every  side,  that  the  rules  of  the  House  in 
regard  to  "  precedence  "  and  other  matters  pertaining  to  the 
transaction  of  business,  obstruct  rather  than  facilitate  legislation, 
and  the  number  of  objections  that  may  be  raised  under  these 
rules  is  really  bewildering.  Indeed,  an  official  reporter  has 
estimated  that  tzvo-tJiirds  of  the  time  of  the  House  are  con- 
sumed in  the  discussion  of  xncre.  points  of  order  / 

Altogether,  there  is  no  particular  danger  to  the  Republic 
because  members  of  the  House  are  limited  to  one  hour. 


CHAPTER    VI. 

L  E  G  I  S  L  A  T  ]  ( )  N  . 

The  daily  routine  of  the  Senate,  as  I  observed  it,  was  very 
simple.  After  prayers  by  the  Chaplain,  the  next  thing  was  the 
reading  of  the  journal  of  the  previous  day  by  one  of  the  clerks. 
After  that,  the  Vice-President  would  lay  before  the  Senate 
messages  from  the  President  of  the  United  States  and  other 
papers  upon  his  table.  Then  he  would  announce  petitions  and 
memorials  to  be  in  qrder.  Of  course  the  people  of  the  United 
States,  having  sent  these  men  to  Congress  to  make  laws  for 
them,  have  a  right  to  tell  them  what  laws  they  wish  enacted, 
and  the  First  Amendment  to  the  Constitution  prohibits  Congress 
from  interfering  with  this  right.  All  the  memorials  having 
been  presented,  reports  of  committees,  bills,  and  other  papers 
were  submitted.  For  the  presentation  of  these  matters,  the 
first  hour  of  every  day  was  set  apart,  and  the  labor  of  carrying 
the  papers  to  the  desk  devolved  upon  the  pages.  After  the 
"  morning  hour,"  the  Senate  generally  devoted  itself  to  the 
consideration  of  those  measures  which  lead  to  the  great  debates 
of  Congress,  and  result  in  the  enactment  of  important  laws. 
As  you  may  wish  to  know  something  about  the  course  of  legis- 
lation, 1  shall  try  to  enlighten  you. 

Let  us  take  a  convenient  illustration.  Suppose  all  of  )-ou 
young  folk  should  suddenly  acquire  a  keen  appetite  for  honey — 
that  you  could,  in  fact,  eat  nothing  else — and  that  you  should 
prefer  the  honey  produced  abroad  by  foreign  industry  to  that 
of  the  busy  bees  of  our  own  land.      Now,  the  gathering  of  the 


5^  AMONG    THE  LAW-MAKERS. 

lioney  from  the  hives,  putting  it  into  cases,  or  extracting  it 
from  the  comb,  and  botthng,  together  with  its  transportation 
over  thousands  of  miles,  are  items  which  involve  considerable 
expense.  Then,  too,  the  farmer,  or  producer,  is  entitled  to 
some  compensation  in  the  way  of  interest  on  the  money  which 
he  has  invested  in  bees  and  other  features  of  his  business. 
The  wholesale  merchant,  who  buys  it  from  the  producer,  the 
retail  dealer,  who  buys  it  from  the  wholesale  merchant,  each 
adds  to  its  cost  a  reasonable  amount  by  way  of  profit.  All 
these  matters  enhance  its  natural  value,  or,  in  simpler  words, 
make  the  honey  worth  more  to  you  than  it  would  actually  be 
Avorth  if  you  could  obtain  it  directly  from  the  workshop  of  the 
bees.  In  addition  to  these,  however,  there  is  another  thing 
that  seriously  affects  the  price. 

Money  is  required  to  run  the  ponderous  machinery  of  Gov- 
ernment. The  legislators,  the  President  and  other  executive 
officers,  the  judges,  the  soldiers,  sailors,  and  miscellaneous 
"servants  of  the  people"  do  not  work  for  mere  love.  They 
must  be  paid  for  their  services  in  money.  The  noble  volunteers 
who,  to  protect  their  country's  flag,  risked  death  upon  the  battle- 
field, and  returned  to  their  homes  crippled,  wrecked  in  health, 
disabled  for  work,  deserve  something  better  than  empty  hand- 
shakings on  the  part  of  the  Union.  The  officers  of  Government 
cannot  all  do  their  work  in  the  open  air,  nor  can  commerce  navi- 
gate over  rocks  and  reefs.  Public  buildings  must  be  erected, 
harbors  and  rivers  improved,  light-houses  built.  These  cannot 
be  had  for  nothing.  Then  there  is  the  Indian.  We  stole  his 
lands.    He  expects  us  to  pay  his  board.  We  have  agreed  to  do  it. 

These  and  other  matters  connected  with  the  management 
of  national  affairs  cost  millions  of  dollars  annually.  How  is  the 
money  to  be  raised  ?  The  Constitution  points  out  to  Congress 
the  way — Taxes  !  Taxes  ! 

There  are  two  kinds  of  taxes — direct  and  indirect.     While  a 


LEGISLA  TION.  59 

handsome  yearly  income  is  derived  from  sales  of  public  lands 
and  from  other  sources,  the  Government  depends  for  its  hun- 
dreds of  millions  upon  indirect  taxation.  One  species  of  in- 
direct taxation  is  what  is  st\-led  the  "  Internal  Revenue,"  which 
taxes  domestic  evils,  like  the  liquor  traffic,  and  yields  the  Gov- 
ernment an  immense  sum. 

But  its  most  profitable  indirect  device  is  the  "  Tariff." 
Upon  certain  products  and  manufactures  brought  to  our  sJiores 
tVom  other  lands,  it  la}-s  a  tax,  or  "  duty,"  and  that  duty  must 
be  paid  to  the  proper  Government  officials  (called  "customs- 
officers"  or  "  custom-house  officers)  "  before  the  things  can  be 
sold  in  this  countr}-.  On  every  pound  of  figs  brought  to  this 
country,  the  Government,  through  its  customs-officers,  collects 
two  cents.  Slates  and  slate-pencils  from  abroad  must  pay 
thirty  cents  for  every  dollar  of  their  worth.  Wh.en  you  buy 
these  things,  you  pay  much  more  than  actual  values.  A  part  of 
the  excess  goes  into  the  Treasury  of  the  United  States  as  a  duty, 
or  indirect  tax  ;  for,  of  course,  the  dealer  who  imports  these  ar- 
ticles includes  this  extra  cost  in  the  price  charged  the  purchaser. 
You  little  folk  have  perhaps  no  idea  how  much  you  contribute 
every  year  to  defray  the  expenses  of  our  grand  Republic  !  Dolls 
and  toys  not  made  in  this  countr)'  must  pay  thirt}--five  cents  on 
every  dollar  of  their  value  ;  foreign  beef  and  pork  are  taxed  one 
cent  per  pound  ;  vinegar,  seven  and  a  half  cents  per  gallon  ; 
oats,  ten  cents  a  bushel  ;  mackerel,  one  cent  per  pound.  Bon- 
nets, hats,  and  hoods,  for  men,  women,  and  children  ;  canes  and 
walking-sticks  ;  brooms,  combs,  jewelry,  precious  stones,  musi- 
cal instruments  of  all  kinds,  playing  cards,  paintings,  and  stat- 
uary— these  are  also  heavily  taxed  by  this  revenue-raising  law. 

I  should  state,  however,  that  all  articles  from  abroad  are 
not  taxed.  There  is  what  is  known  as  the  "  Free  List,"  on 
which  are  placed  certain  imports  exempt  from  duty,  such  as 
nux   x'omica,   assafojtida,   charcoal,    di\'i-divi,    dragon's    blood, 


6o  A.UOJVG    THE  LAW-MAKERS. 

Bologna  sausages,  eggs,  fossils,  and  the  like.  But  the  great 
bulk  of  important  staples  used  in  every-day  life  does  not  come 
within  this  favored  class.  Chemical  products  ;  earthenware  and 
glassware  ;  metals  ;  wood  and  woodenwares  ;  sugar  ;  tobacco  ; 
provisions  ;  cotton  and  cotton  goodS  ;  hemp,  jute,  and  flax 
goods  ;  wool  and  woollens  ;  silk  and  silk  goods  ;  books,  papers, 
etc.;   and  sundries — thus  reads  the  Tariff  List. 

This  is  what  is  called  "  Protection."  That  is,  putting  heavy 
duties  on  foreign  articles  and  commodities  raises  the  price  of 
those  foreign  articles,  and  prevents  them  from  competing  with 
the  products  of  American  industry. 

It  may  be  proper  to  observe,  in  connection  with  this,  that 
the  tariff  question  is  one  which  has  disturbed,  and  is  likely  to 
continue  to  disturb,  the  political  parties  of  the  country  for  many 
years.  Those  who  think  that  our  industries  are  in  danger  from 
foreign  competition  and  that  the  lowering  of  values  would  seri- 
ously affect  the  wages  of  the  laboring  men,  believe  in  what  is 
known  as  a  "  high  protective  tariff";  others,  who  think  that 
competition  would  not  do  harm,  but  that  this  species  of  indi- 
rect taxation  is  the  best  mode  of  raising  the  necessary  funds  for 
governmental  purposes,  believe  in  "  tariff  for  revenue  only"  ; 
and  those  who  are  of  an  altogether  different  way  of  thinking 
and  who  believe  that  the  Government  should  derive  its  revenue 
by  direct  taxation  or  from  other  sources  than  foreign  imports, 
speak  up  for  absolute  "  free  trade."  Which  of  these  three 
classes  of  believers  or  unbelievers  is  right  in  its  views  I  do  not 
undertake  to  say,  but  leave  the  question  open  for  you  to  de- 
cide when  you  grow  older  and  know  more  about  the  science 
of  political  economy  and  government. 

The  present  tariff  imposes  upon  foreign  honey  a  duty  of 
twenty  cents  a  gallon."     We  will  say  that  you  consider  this  a 

*  That  is,  under  the  Act  of  March  3,  1883,  from  which  these  other   statistics  are 
taken. 


LEGISLATION.  6 1 

dreadful  tax  on  such  a  "  necessary,"  and  that  you  would,  under 
the  circumstances  supposed,  try  to  have  it  removed.  Accord- 
ingly, you  would  prepare  and  sign  a  petition  to  Congress,  set- 
ting forth  the  hardship  of  this  extra  expense  imposed  upon  you 
as  purchasers  and  consumers  of  the  commodity,  and  asking 
that  the  tax  be  abolished.  Now,  let  us  further  suppose  that  I 
represent  your  district  in  Congress.      (I  say,  "  suppose.") 

Very  well.  Vou  would  send  that  petition  to  me,  as  your 
Representative,  that  1  might  present  it  to  the  House.  Having 
been  presented,  it  would  be  referred  to  a  committee  for  exam- 
ination. As  the  removal  of  the  duty  would  reduce  the  revenue 
of  the  Government,  the  petition  would  be  sent  to  the  Committee 
on  Ways  and  Means.  This  committee,  which  is  a  very  impor- 
tant one  and  consists  of  thirteen  of  the  ablest  members  of  the 
House,  would  read  your  petition  and  examine  irrto  the  matter. 
There  would  then  be  two  obstacles  to  overcome. 

In  the  first  place,  the  committee,  or  a  majority  of  the  mem- 
bers, might  not  wish  to  reduce  the  receipts  of  the  national  treas- 
ury without  strong  reasons  being  shown,  and  might  iiu'ite  )'ou 
to  explain  the  urgency  of  your  demand.  \\\  the  second  place, 
the  removal  of  the  dut}'  would  not  only  affect  the  revenue  of  the 
Government,  but  would  cut  down  the  profits  of  .Vmerican  hone\-- 
producers  or  dealers,  because  the  foreign  farmers  and  merchants 
would  thus  be  enabled  to  sell  their  honc\-  at  least  twenty  cents 
per  gallon  less  than  they  can  sell  it  under  the  present  state  of 
affairs.  In  other  words,  it  would  provoke  competition,  and 
the  price  would  probably  fall  far  below  that  now  charged  at  an 
ordinary  grocery-store.  The  American  dealers  would,  naturally 
enough,  oppose  your  designs  as  hostile  to  their  interests,  and 
request  a  hearing  before  the  committee.  Each  side  might  em- 
ploy lawyers  to  speak  in  its  behalf,  or  might  appear  and  per- 
sonally argue  the  matter,  whichever  way  the  committee  might 
prefer.     But  there  would  hardly  be  room  for  preference  between 


62  AMONG    THE  LAW-MAKERS. 

young  people  clamoring  for  honey  and  lawyers  clamoring  for 
fees.  In  either  event,  the  committee  would  run  a  great  risk  of 
being  talked  to  death. 

Let  us  assume,  however,  that  they  survive  the  ordeal  and  be- 
come convinced  that  the  duty,  while  a  protection  against  com- 
petition and  small  profits  to  a  comparatively  few  old  American 
producers,  is  an  injustice  to  the  myriad  of  young  American 
consumers,  and  that  the  law  should  be  repealed.  They  would 
then  prepare  a  bill,  somewhat  as  follows  : 

A  Bill  to  put  Honey  on  the  Free  List. 

Be  it  enacted  by  the  Senate  ami  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  from  and  after  the  passage 
of  this  act,  the  importation  of  honey  shall  be  exempt  from  customs  duties  ; 
and  all  laws  inconsistent  herewith  are  hereby  repealed. 

One  of  the  members  of  the  committee  would  then  report 
that  bill  to  the  House.  Ordinarily,  that  would  be  the  last  of  it. 
But,  in  order  to  finish  this  illustration,  let  me  imagine  you  to 
be  hanging  between  life  and  death — famishing  for  honey — and 
yet  unable  to  buy  it  at  the  price  charged.  Suppose,  for  this  or 
other  reasons,  the  comtnittee  should  ask  that  a  day  be  assigned 
for  its  consideration,  and  that  the  House  should  acquiesce. 

Adopting  the  present  tense,  let  us  further  assume  that  the 
day  has  arrived.  The  bill  having  been  read  a  first  and  second 
time,"  the  fight  begins  in  earnest,  and  the  members  of  the 
House  opposed  to  it  and  those  in  its  favor  argue  and  wrangle 
and  shout  "  Free  Trade"  and  "  Protection  "  for  a  month,  as 
they  did  on  a  certain  tariff  bill  which  they  did  not  pass  in  1884. 

*  Every  bill  must  be  read  three  times  before  passage.  These  readings  are  trum- 
pet-notes of  warning.  They  notify  the  members  of  the  measure  before  the  House,  in 
order  that  any  of  them  who  think  it  an  improper  measure  may  resist  its  passage,  and 
thus  prevent  underhand  legislation.  As  a  general  thing,  a  bill  is  read  in  full  only  once, 
the  other  two  readings  being  by  title,  which  means  that  the  title  only  is  read. 


LEGISLA  TJON.  63 

I,  of  course,  champion  3-our  interests  with  all  my  well-known 
eloquence — now  putting  your  opponents  to  sleep  by  a  dose  of 
statistics,  now  lashing  them  into  activity  with  my  sesquipeda- 
lian sentences  of  wrath.  Some  of  the  enemies  to  the  bill  are 
willing  to  reduce  the  tax,  but  not  to  remove  it  entirely,  and  they 
suggest  an  amendment  lowering  the  duty  from  twenty  to  ten 
cents  a  gallon.  Other  enemies  wish  the  bill  to  '"lie  on  the 
table  "  or  be  "  indefmitcly  postponed.'' 

But  let  us  hurry  over  all  formalities  (such  as  a  "  Committee 
of  the  Whole,"  into  which  the  House  would  resolve  itself;  and 
complicated  motions,  and  suppose  all  the  efforts  of  its  enemies 
to  be  vain.  The  question  is  at  length  reached  :  "  Shall  the 
bill  be  engrossed  and  read  a  third  time  ?  "  The  previous 
question  is  demanded,  and  this  "  main  question  "  ordered,  and 
the  bill  is  accordingly  read  a  third  time  by  its  title,  unless 
some  member  should  wish  it  read  in  full.'"'  Then  comes 
the  question,  "Shall  the  bill  pass?"  i\gain  it  is  open  to 
debate,  but  not  to  amendment  or  change.  Another  previ- 
ous question  is  demanded,  and  a  vote  taken  on  the  next 
"  main  question  " — the  passage  of  the  bill.  There  are  several 
ways  of  voting,  but  in  this  case  we  will  suppose  that  the  Clerk 
calls  the  "Yeas  and  Nays"  (although  it  will  consume  half 
an  hour),  in  order  that  every  member  may  record  himself  as 
either  against  or  for  the  bill.  We  will  suppose  that  a  majority 
votes  in  its  favor.  The  bill  is  now  passed,  and  the  title  stands, 
as  reported,  unless  amended.  Thereupon  a  motion  is  made 
to  "  reconsider  "  the  vote  last  taken  ;  and  it  is  also  moved  that 
the  motion  to  reconsider  be  laid  upon  the  table.  This  is  a 
technical  formality,  which  clinches  the  action  of  the  body. 
The  last  motion  is  agreed  to,  and  the  bill   is  now  be\'ond  the 

'  The  engrossing,  strictly,  should  he  done  by  the  Clerk  before  further  proceedings 
are  had  ;  but  this  wise  precaution  against  error  is  not  observed  in  Congressional  prac- 
tice. 


64  AMONG    THE  LAW-MAKERS. 

reach  of  danger  from  the  House.  The  Clerk  of  the  House 
then  certifies  the  bill,  notes  on  it  the  date  of  its  passage,  and 
takes  it  (together  with  your  petition  and  the  other  papers  in 
the  case)  to  the  Senate.  In  the  Senate  it  is  referred  to  the 
Committee  on  Finance,  reported  back,  discussed,  and  (we  shall 
assume)  passed.  The  Secretary  of  the  Senate  carries  it  to  the 
House  and  notifies  that  body  of  its  passage  by  the  Senate.  It 
has  now  become  an  "  Act  of  Congress,"  and  is  enrolled  on  parch- 
ment by  the  Clerk  of  the  House  (it  being  a  House  bill),  and  ex- 
amined by  the  Joint  Committee  on  Enrolled  Bills,  who  see  that 
no  errors  have  been  made  by  the  enrolling  clerks,  and  who  re- 
port to  the  House.  Then  it  is  signed  by  the  Speaker  and  the 
President  of  the  Senate,  the  Clerk  of  the  House  certifies  that  it 
originated  in  that  body,  and  a  member  of  the  joint  committee 
takes  it  to  the  President  of  the  United  States,  who,  having  ten 
days  in  which  to  reflect,  finally  thinks  it  a  good  act  and  signs 
it.  It  is  at  last  a  law.  The  President  notifies  the  House  of 
Representatives  of  his  approval  ;  the  parchment  is  deposited 
among  the  public  archives  in  the  State  Department  ;  the  law  is 
duly  published,  under  the  direction  of  the  Secretary  of  State, 
as  a  statute-at-large  of  the  United  States  ;  foreign  producers 
and  merchants  see  it ;  competition  at  once  begins,  and  the  price 
of  imported  honey  is  very  apt  to  fall. 

This  is  a  rough  and  hurried  sketch  of  the  travels  of  a  meas- 
ure on  its  road  to  enactment  as  a  law.  I  have  not  stopped  to 
consider  its  chances  of  defeat,  (i)  The  Senate  Committee 
might  have  "  pigeon-holed  "  it  or  not  reported  it  back  to  the 
Senate.  Or  {2)  a  majority  of  the  Senate  might  have  voted 
against  its  enactment,  and  thus  have  killed  it  outright.  (3) 
They  might  have  amended  it,  the  House  might  have  refused  to 
concur  in  the  amendments,  joint  conference  committees  of  the 
two  Houses  might  have  been  appointed  to  reconcile  the  Houses 
by  some  sort  of  compromise,  either   House  might  have  refused 


LEGISLA  'HON.  65 

to  agree  to  any  report  of  such  committee  and  insisted  upon  its 
position,  and  tlie  disagreement  (or  "  dead-lock")  miglit  have 
scaled  the  fate  of  the  bill.  (4)  On  the  other  hand,  one  of  the 
Houses  might  have  receded  from  its  position,  and  the  bill  might 
have  passed  with  or  without  amendment.  Again,  it  would  have 
been  an  act.  But  (5)  the  President  of  the  United  States  might 
have  objected  to  it,  and  forbidden  it,  by  his  veto,  from  be- 
coming a  law.  In  that  event,  he  would  have  returned  it  to  the 
House  with  his  objections  ;  and  unless  the  House  and  Senate, 
each  by  a  two-thirds  vote  of  the  members  present,  should  have 
again  passed  it  over  the  veto,  the  measure  would  have  been  de- 
feated. 

It  is  unnecessary  to  weary  you  by  detailing  the  many  diffi- 
culties an  objectionable  measure  would  encounter.  I  have  en- 
deavored, however,  to  show  you  that  there  are  safeguards 
thrown  around  the  proceedings  of  Congress  for  the  purpose  of 
preventing  improper  legislation  from  being  rushed  through 
without,  at  least,  warning  the  people  of  it  and  giving  them  an 
opportunity  to  protest.  An  explanation  of  the  rules  established 
by  both  Houses  to  this  end  would  fill  a  large  volume.  Some  of 
them  are  abstruse  and  apparently  incomprehensible,  but  they 
all  are  supposed  to  have  a  wise  object  in  \iew — namely,  to 
protect  the  people  of  the  country  from  the  enactment  of  bad 
laws.  If,  therefore,  a  harsh  or  unjust  measure  should  at  any 
time  be  enacted  by  Congress,  you  will  understand  the  reason 
and  know  the  moral  to  be  drawn  from  it — that  a  majority  of 
the  law-makers  have  not  done  their  dut}'.  and  that  their  places 
should  be  filled  by  better  men. 
S 


CHAPTER   VII. 

THE    P^EDERAL    EXECUTIVE. 

Rules,  edicts,  judgments — all  such  matters  which  merely 
express  the  will  of  authority — are,  in  themselves,  of  no  more 
value  than  the  paper  on  which  they  are  inscribed.  There 
should  be  means,  there  should  be  power,  to  enforce  obedience 
to  commands.  Congress,  as  the  legislative  department  of  the 
Government,  can  only  make  laws  ;  it  is  for  the  executive  de- 
partment to  see  that  those  laws  are  carried  into  effect. 

The  executive  power  of  the  Federal  Government  is  vested 
in  the  President  of  the  United  States.  He  is  the  head  of  the 
Republic.  He  is  the  "  Commander-in-Chief  of  the  Army  and- 
Navy  of  the  United  States,  and  of  the  Militia  of  the  several 
States  when  called  into  the  actual  service  of  the  United  States." 
He  is  charged  with  the  execution  of  our  laws  at  home  and  the 
protection  of  our  rights  abroad.  For  the  welfare  of  the  country 
and  the  advancement  of  its  commercial  and  general  interests  in 
its  intercourse  with  other  nations,  he  has  authority,  by  and 
with  the  advice  and  consent  of  two-thirds  of  the  Senate,  to 
make  treaties  with  foreign  powers.  Furthermore,  in  the  words 
of  the  Constitution,  "  He  shall  nominate,  and  by  and  with  the 
advice  and  consent  of  the  Senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls,  judges  of  the  Supreme 
Court,  and  all  other  officers  of  the  United  States,  whose  ap- 
pointments are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law  :   but  the  Congress  may  by  law  vest 


THE  FEDERAL    JIXECUTIVE.  6/ 

the  appointment  of  sucli  inferior  officers,  as  they  think  proper, 
in  tlie  President  alone,  in  the  courts  of  law,  or  in  the  heads  of 
departments."  And  by  way  of  compensation  for  his  labors  and 
to  maintain  a  style  in  keeping  with  the  dignity  of  his  office,  he 
is  paid  a  salary  of  $50,000  a  year,  allowed  rent-free  the  use  of 
the  Executive  Mansion,  or  White  House,  at  Washington,  in 
Avhich  he  resides  and  lias  his  official  headquarters,  and  thou- 
sands of  dollars  are  annually  appropriated  to  defray  the  ex- 
penses of  his  household. 

So  vast  and  varied  are  the  affairs  whose  management  is  en- 
trusted to  the  President,  that  Congress  has  found  it  advisable 
to  distribute  the  duties  of  administration  among  seven  "  estab- 
lished executive  departments,"  as  follows  : 

1.  The  Department  of  State. 

2.  The  Department  of  War. 

3.  The  Department  of  the  Treasury. 

4.  The  Department  of  Justice. 

5.  The  Post-office  Department. 

6.  The  Department  of  the  Navy. 

7.  The  Department  of  the  Interior. 

These  administrative  departments  are  presided  over  by  offi- 
cers, styled  "  Heads  of  Department,"  and  known  respectively 
as  the  Secretary  of  State,  Secretary  of  War,  Secretary  of  the 
Treasury,  Attorney-General,  Postmaster-General,  Secretary  of 
the  Navy,  and  Secretary  of  the  Interior.  Together,  they  form 
the  "Cabinet,"  or  body  of  "confidential  advisers"  of  the 
President,  whose  instructions  it  is  their  duty  to  see  carried  out 
by  the  thousands  of  civil,  military,  and  naval  ofiicers  in  the 
employ  of  the  Government. 

The  duties  of  the  various  executive  departments  are,  I 
may  say,  almost  infinite.    The  State  Department  was  created  on 


68  AMOA'G    THE  LAW-MAKERS. 

July  27,  1789,  by  the  name  of  "  Department  of  Foreign  Af- 
fairs "  ;  but  this  name  was  changed  within  two  months  after- 
ward. The  Secretary  of  State  is  first  in  rank  of  all  the  mem- 
bers of  the  Cabinet,  and  is  sometimes  (though  not  accurately} 
referred  to  as  "  The  Premier."  He  is  the  "  right-hand  man" 
of  the  President  ;  attends  to  the  foreign  interests  of  the  country, 
through  its  ambassadors,  ministers,  and  other  agents  abroad,  or 
through  the  diplomatic  representatives  of  foreign  powers  ac- 
credited to  the  United  States  ;  conducts  the  correspondence 
between  the  President  and  the  Governors,  or  Executives,  of  the 
States  ;  is  custodian  of  the  great  seal,  and  of  the  treaties  and 
laws  of  the  United  States,  and  in  other  ways  is  a  very  promi- 
nent officer. 

Tiie  Secretary  of  War  has  charge  of  the  military  service,  and 
executes  the  orders  of  the  President  as  Commander-in-Chief  of 
the  Army. 

The  Secretary  of  the  Treasury  superintends  the  national 
finances.  He  is  the  tax-gatherer  and  paymaster  of  the  Gov- 
ernment. From  customs  duties,  internal  revenue,  and  other 
sources,  millions  of  dollars  annually  flow  into  the  public  vaults, 
the  key  to  which  is  kept  by  the  disbursing  officer,  or  Treasurer. 
The  Secretary  must  not  let  any  of  these  funds  slip  away  without 
permission  of  law,  and  every  cent  received  and  expended  must 
be  regularly  accounted  for. 

The  Attorney-General  gives  the  President  his  opinion  in 
regard  to  the  meaning  of  Congressional  legislation  and  other 
matters  of  doubt,  when  called  upon  for  legal  advice,  and  repre- 
sents the  Government  in  all  litigation  in  which  its  interests  are 
involved. 

The  Postmaster-General  looks  after  the  transmission  of  the 
mail,  and,  as  his  title  implies,  is  chief  of  all  the  postmasters, 
carriers,  and  postal  agents  in  the  United  States. 

The  Secretary  of  the  Navy  has  charge  of  the  naval  service, 


THE   FKDKRAL   EXECUTIVE.  O9 

;:n(l  executes  the  orders  of  the  rresident  as  Coniniander-in-Cliief 
of  the  Navy.  He  and  the  Secretary  of  War  have  a  compara- 
tively easy  time  in  j'ears  of  peace,  and  they  have  one  advan- 
tage over  the  other  Cabinet  officers.  Whenever  they  go  within 
reach  of  a  fort  or  arsenal  or  navy-yard,  the  soldiers  and  marines 
present  arms  and  the  cannon  roar  out  a  welcoming  salute. 

The  Secretary  of  the  Interior  looks  after  the  Indians — the 
"  wards  of  the  nation."  He  also  has  charge  of  patents,  public 
lands,  and  pensions,  and  makes  himself  generally  useful.  He 
is  a  sort  of  jack-of-all-trades,  having  charge  of  nearly  everything 
that  does  not  come  within  the  duties  of  the  other  executive  de- 
partments. 

I  have  named  the  departments  in  the  order  of  their  estab- 
lisiiment  by  Congress.  The  Department  of  the  Interior  w^as 
not  established  until  1849,  and  the  Attorney-General  and  Post- 
master-General had  to  wait  some  years  before  becoming  Cabinet 
officers.  Originally,  the  Secretary  of  War  had  control  of  both 
the  land  and  the  naval  forces  of  the  countr}-,  but  in  1798  his 
maritime  duties  were  taken  away  and  lodged  in  a  separate  de- 
partment. The  expansion  of  our  naval  and  military  interests 
required  this  action. 

Each  of  these  Cabinet  officers  now  gets  a  salary  of  $8,000 
a  year.  They  are  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate  ;  and  it  is  often  a  difficult 
question  for  a  public  man  to  decide  whether  or  not  to  resign  a 
seat  in  the  Senate  in  order  to  accept  a  Cabinet  portfolio,  or  the 
reverse.     The  honors  are  about  equal. 

The  headquarters  of  the  executive  departments  are  situ- 
ated at  the  seat  of  Government,  and  the  splendid  structures 
assigned  to  their  use  have,  with  the  White  House  and  Capitol, 
given  to  the  place  the  complimentary  title  "  City  of  Palaces." 
Anyone  who  passes  the  sombre  Treasury-building  on  an  after- 
noon at  about  four  o'clock,  when  the  army  of  clerks  are  leaving 


70 


AJ/OA'G    THE  LAW-MAKERS. 


for  the  day,  readily  understands  why  some  folks  have  the  no- 
tion that  every  resident  in  the  Federal  city  is  a  Government 


)      f.^vA 


Treasury  Clerks  Leaving  at  the  Close  of  the  Day's  Work. 


officer.    They  pour  out  through  all  the  doors  in  one  continuous 
stream,  to  which  there  seems  to  be  no   end.     They  are   of  all 


THE   FEDERAL   EXECUTIVE..  7  I 

ages  and  conditions.  An  old  colored  man,  who  has  picked 
cotton  beneath  the  lash  of  slaver}-,  comes  merrily  along,  proud 
of  the  fact  that  he  can  now  work  for  greenbacks  and  support 
his  family  in  comfort;  a  ])retty  girl,  thinking  perhaps  of  a 
new  hat  or  humming  a  tune  from  an  opera  ;  a  gray-haired 
veteran,  familiar  wilh  the  secrets  of  many  an  Administration  of 
by-gone  years  ;  a  middle-aged  woman,  with  a  face  furrowed  by 
the  iron  fingers  of  care,  struggling  to  maintain  her  orphaned 
children  ;  a  happy-go-lucky,  dandy-looking  stripling,  twirling 
his  cane  with  one  hand  and  gracefully  twisting  his  mustache 
with  the  other — these  are  but  a  few  specimens  of  those  who 
follow  in  quick  succession. 

To  attempt  to  convey  a  proper  idea  of  all  the  subordinate 
civil  bureaus  and  ofifices  created  by  Congress  and  their  special 
duties,  would  be  perplexing.  The  assistants  to  the  Executive 
are  legion  in  number,  and  scattered  far  and  wide  throughout 
the  country  and  throughout  the  world.  The  law-makers  have 
provided  by  law,  that  the  President  may  appoint  many  of  his 
minor  assistants  without  consulting  the  Senate  ;  the  others  can 
be  appointed  only  with  the  permission  of  a  majority  of  the 
Senate,  except  (as  stated  in  the  Constitution)  during  the  recess 
of  that  body. 


CHAPTER    VIII. 


S  E  C:  R  E  T     SESSIONS 


While  the  chief  business  and  object  of  Congress  is  legisla- 
tion, each  House  possesses  certain  other  functions  and  privi- 
leges of  great  consequence.  After  I  had  been  in  the  Senate  a 
few  days,  I  became  acquainted  with  one  of  the  special  powers 
belonging  exclusively  to  that  body- — a  power  derived  from  con- 
stitutional provisions  referred  to  in  the  last  chapter. 

When  the  President  wishes  to  appoint  a  man  to  an  impor- 
tant position  in  the  Federal  service,  such  as  cannot  be  filled  by 
him  without  the  consent  of  the  Senate,  he  so  notifies  the  Sen- 
ate, stating  the  name  of  the  person  and  the  office  which  he  de- 
sires him  to  occupy.  This  naming  of  the  person  is  termed  a 
"  nomination."  As  various  official  places  are  constantly  be- 
coming vacant  by  the  death,  resignation,  or  dismissal  of  the 
people  holding  them,  many  of  these  nominations  are  annually 
sent  in  to  the  Senate  by  the  President. 

When  it  is  found  desirable  to  enter  into  a  treaty,  the 
President  confers,  through  the  Department  of  State,  with 
the  foreign  minister  to  the  United  States,  or,  by  means  of 
our  own  diplomatic  agents  abroad,  with  the  home  officials  of 
such  foreign  power  in  their  own  country  ;  an  agreement  satis- 
factory to  each  side  is  drawn  up  and  signed  by  the  representa- 
tives of  the  respective  countries,  and  this  agreement  or  draft  of 
the  treaty  is  transmitted  by  the  President  to  the  Senate. 


s/iCA'/-:t  sessions. 


75 


Whenever  any  of  these  nominations,  or  drafts  of  treaties,  or 
any  other  confidential  coniniunications  are  submitted  by  the 
President,  the  Senate  considers  them  in  what  is  known  as 
"  executive  session  " — that  is,  a  session  devoted  to  action  upon 
messages  from  the  President — in  which  case  the  proceedings 
arc  secret,  the  galleries  and  floor  being  cleared  of  spectators, 
and  the  Senate  sitting  with  "closed  doors."     Only  a  few  offi- 


^  ^*"*«: 


The  United  States  Post-Office  Department. 

cers  in  addition  to  the  Senators  are  allowed  to  remain  in  the 
Chamber.  Even  the  pages  are  excluded.  All  the  doors  lead- 
ing to  the  Senate  are  shut  and,  together  with  the  gallery-stairs, 
securely  guarded  against  intruders. 

During  such  sessions,  those  highly  valued  and  confidential 
officials.  Captain  Bassett  and  Mr.  Christie  took  upon  themselves, 
for  the  time  being,  our  duties  within  the  Chamber,  conveying 


74  AMONG    THE  LAW-MAKERS. 

the  messages  to  the  various  doors  at  which  we  were  stationed  in 
small  relays.  Instead  of  remaining  at  our  proper  posts,  how- 
ever, we  were  more  likely  to  be  wandering  up  on  the  dome 
or  in  some  other  far-away  place  quite  out  of  reach.  An  ex- 
ecutive session  was,  with  us,  what  a  recess  is  to  a  school-boy, 
and  we  varied  the  monotony  by  promenading  from  door  to 
door,  changing  stations  with  one  another,  racing  up  and  down 
the  corridors,  catching  ball  on  the  portico,  or  doing  such  other 
things  as  might  suggest  themselves.  My  post  was  in  the 
vestibule  at  the  most  important  or  main  entrance,  and  we 
all  used  to  delight  to  assemble  in  that  small  space — with  only 
the  wooden  doors  separating  us  from  the  Senate-chamber — 
and,  standing  up  in  the  marble  niches  and  on  the  floor,  '*  make 
the  welkin  ring."  More  than  half  of  Mr.  Christie's  duty  seemed 
to  be  to  put  his  head  through  the  door  and  tell  us  to  keep 
quiet.  I  do  not  think  our  efforts  were  ever  appreciated  by  the 
law-makers  on  the  other  side  of  the  partition.  In  the  goodness 
of  our  hearts,  we  had  no  other  purpose  than  to  give  the  Sena- 
tors a  serenade. 

These  executive  matters  are  referred  to  committees  for  ex- 
amination in  the  same  manner  as  legislative  measures.  For 
example — the  nomination  of  a  person  as  postmaster  in  a  cer- 
tain city  is  referred  to  the  Committee  on  Post  Offices  and  Post 
Roads  ;  a  nomination  as  judge,  to  the  Committee  on  the  Judici- 
ary ;  the  draft  of  a  treaty  to  the  Committee  on  Foreign  Rela- 
tions. The  committees  discuss  the  matter  and  report  their 
views  to  the  Senate  in  secret  session.  Some  of  the  Senators 
may  not  like  the  man  nominated  for  a  certain  office  and  may 
oppose  the  "  confirmation  "  of  the  nomination,  as  the  approval, 
or  "  advice  and  consent,"  of  the  Senate  is  styled.  Then  the 
friends  and  enemies  of  the  man  have  a  debate  over  the  matter. 
Of  course,  outsiders  are  not  supposed  to  know  what  they  say, 
but  it  is  presumed  that  the  enemies  tell  everything  they  know 


SECRET  SESSIONS.  75 

or  have  heard  against  the  man,  to  show  that  he  is  unfit  to  hold 
the  proposed  office  ;  and  his  friends,  as  true  friends  should,  show 
the  falsity  of  these  charges,  or  otherwise  answer  or  dispose  of 
thein.  A  treaty  goes  through  nearly  the  same  course  as  a 
bill.  A  vote  is  then  taken  upon  the  confirmation  of  the  nomi- 
nation, or  ratification  of  the  treat)'.  If  a  majority  vote  in  favor 
of  the  person,  the  President  may  appoint  the  man  ;  otherwise 
not.  If  two-thirds  so  vote  in  favor  of  the  treaty,  the  treaty  is 
ratified  by  a  "  resolution  of  ratification,"  and,  when  also  ratified 
by  the  proper  foreign  authority  with  whom  it  is  made,  the  rati- 
fications are  exchanged  between  the  officials  representing  the 
two  Governments  (either  at  Washington  or  at  such  other  place 
as  ma\-  be  named  in  the  agreement),  and  the  treaty  becomes 
law,  binding  upon  us  and  upon  the  other  Government. 

One  day,  shortly  after  my  appointment,  I  returned  to  the 
Senate-chamber,  having  been  sent  on  a  message  to  the  House 
of  Representatives.  As  I  entered  I  heard  a  great  deal  of  bus- 
tle, and,  looking  up  toward  the  galleries,  I  saw  all  the  people 
going  out.  I  supposed  that  the  Senate  had  adjourned,  and  at 
once  rushed  for  my  awl  and  began  to  do  ni}'  filing — a  daily  task 
which  consisted  in  attaching  together  by  tape  the  bills  and 
other  printed  matter  distributed  every  morning  on  the  desk  of 
each  Senator. 

It  was  my  duty  to  attend  to  Senator  Sumner's  files,  and  so, 
kneeling  on  the  carpet,  beside  his  desk,  I  was  soon  busily  en- 
gaged, and  did  not  pay  any  attention  to  what  was  going  on 
about  me.  I  had  been  at  work  there,  I  do  not  know  how  long, 
when,  all  of  a  sudden  I  was  startled  by  someone  catching  hold 
of  my  ear,  and,  glancing  up,  I  saw  Senator  Sumner  gazing  at 
me  with  evident  curiosity.  I  noticed  that  the  galleries  were 
entirely  empty,  and  that  the  doors  were  closed.  I  then  heard 
somebody  talking,  and  realized  that  business  was  being  trans- 
acted in  the  Senate.      I   could   not   understand   it  at  all.      The 


-6  AMONG    THE  LAW-MAKERS. 

Senator  continued  to  look  quizzically  at  me,  and  finally  asked 
what  I  was  doing  there.  I  told  him.  "  Well,"  said  he,  "I 
would  advise  you  to  get  out  of  this  as  soon  as  you  can,"  and, 
lifting  me  gently  (!  !  !)  up  by  the  ear,  he  exhibited  me  to  the  sur- 
rounding Senators.  I  was  so  small  and  had  been  so  quiet  that 
none  of  them  had  seen  me,  and  they  all  smiled  when  I  bobbed 
up  so  unexpectedly,  like  a  jack-in-the-box.  There  was  some- 
thing in  the  air,  though,  like  the  mystic  whisper  of  a  fairy,  that 
advised  me  to  take  to  my  heels,  and  I  ran  for  the  nearest  door. 
To  my  horror,  it  was  locked  !  Then  I  ran  to  another,  and  found 
that  also  locked.  I  was  a  caged  animal,  and  my  fright  increased 
every  moment.  Happily,  I  caught  the  eye  of  Captain  Bassett, 
and  he  motioned  toward  a  certain  lobby  door.  I  rushed  ;  to  my 
surprise  it  opened,  like  the  entrance  to  the  Robber's  Cave,  and 
I  thanked  my  stars  when  I  got  out !  Just  beyond  the  lobby  I 
found  a  group  of  people  collected  in  the  corridor  who  seemed 
to  be  amazed  to  see  me  appearing  from  that  quarter.  Then,  for 
the  first  time,  I  Avas  told  what  an  executive  session  of  the  Sen- 
ate was,  and  how  awful  were  its  deliberations.  I  was  informed 
that  it  was  a  deadly  crime  for  anyone  to  listen  to  such  proceed- 
ings, and  for  some  time  afterward  I  was  in  a  state  of  terror, 
fearing  that  I  should  be  arrested  and  punished.  However,  my 
fears  were  finally  quieted  by  Captain  Bassett,  who  explained 
the  matter  to  mc,  and,  saying  that  no  harm  had  been  done  in 
that  instance,  advised  me  to  be  more  careful  in  the  future. 
And  I  was — tliat  is  to  say,  I  have  many  a  time  since  then  lain 
awake  on  one  of  the  gallery-seats,  and  heard  the  Senators  dis- 
cuss "  secret"  business  with  closed  doors  ! 

Secret  sessions,  by  the  way,  are  unpopular.  There  may  be 
some  executive  and  legislative  matters  proper  to  be  discussed 
only  in  private,  but,  as  a  general  thing,  the  people  who  employ 
these  law-makers  in  Congress,  demand  the  right  to  oversee 
them  at  their  work.     The  members  of  the  House,  being  directly 


SECRET  SESSIONS.  77 

under  the  control  of  the  people,  evidently  fear  them  more  than 
the  Senators  do.  As  a  conseqaence,  they  hold  secret  sessions 
only  on  exceptional  occasions,  and  although,  for  some  years, 
women  were  excluded  from  their  gallery,  everyone  is  now  ad- 
mitted, without  regard  to  age,  sex,  race,  or  previous  condition 
of  servitude.     It  was  not  until  1795 — nearly  six  years  after  the 


The  Treasury  Department. 

meeting  of  the  First  Congress — that  the  Senate  recognized  the 
justice  of  the  demand  for  open  sessions  on  the  part  of  the 
people.  Before  that  time,  all  its  sessions  had  been  conducted 
with  closed  doors.  Now,  however,  its  debates  and  proceed- 
ings, like  those  of  the  House,  are  always  open  to  the  public, 
except  when  it  is  engaged  upon  executive  or  other  peculiarly 
confidential  affairs.     A  stronsf  effort  has  latelv  been   made  b\' 


7^  AMOAG    THE  LAW-MAKERS. 

some  Senators  to  abolish  secret  sessions  altogether,  but  at  this 
writing  the  resolutions  on  the  subject  remain  unacted  upon  by 
the  Senate. 

It  is  a  breach  of  confidence  for  a  member  or  an  officer  of 
the  Senate  to  disclose  the  transactions  of  a  secret  session,  until 
the  removal  of  the  injunction  of  secrecy  by  a  formal  resolution 
of  that  body  ;  and  one  of  its  rules  provides,  that  anyone  so 
disclosing  "the  secret  or  confidential  business  or  proceedings 
of  the  Senate  shall  be  liable,  if  a  Senator,  to  suffer  expulsion 
from  the  body  ;  and  if  an  ofificer,  to  dismissal  from  the  service 
of  the  Senate,  and  to  punishment  for  contempt."  Still,  news- 
paper correspondents  generally  manage  to  find  them  out,  in 
some  way.  So  well  known  was  their  accomplishment  in  this 
direction,  that  Senators  would  oftentimes  go  to  the  reporters 
for  information  as  to  what  had  been  done  in  secret  session, 
instead  of  the  reporters  to  the  Senators  !  Once  a  Senator, 
strolling  to  the  Senate  rather  late  in  the  afternoon,  met  a  cor- 
respondent coming  from  the  Capitol.  The  law-maker  asked 
what  was  being  done  in  the  Senate.  "  Oh,  nothing  important," 
was  the  answer  ;  "  they  have  just  gone  out  of  executive  ses- 
sion and  are  now  discussing  the  subject  they  had  up  yester- 
day." The  Senator  was  evidently  interested  in  some  nomina- 
tion or  other  business,  and  so  he  persisted,  and  asked  the  corre- 
spondent what  action  had  been  taken  in  executive  session. 
The  newspaper  man  coolly  eyed  the  Senator  for  a  few  mo- 
ments, and  then  cautiously  remarked  :  "  Well,  you  Congress- 
men are  getting  to  be  such  free  talkers  I  think  I'd  better  not 
tell  you  !  " 

Whether  or  not  the  journalist  was  induced  to  tell  the  Sen- 
ator what  had  been  done,  I  am  uninformed.  If  not,  it  is  the 
most  remarkable  case  of  "  golden  silence  "  in  the  annals  of  the 
world. 


CHAPTER    IX. 

E  X  l"  R  A  V  A  c;  A  N  /  A  . 

It  may  not  be  out  of  place  to  leave  for  a  while  the  more 
sober  and  imposing  side  of  life  among  the  law-makers  and  take 
a  glimpse  at  some  of  the  comicalities  which  we  Senate-pages 
enjoyed. 

Many  of  my  companions  were  born  actors,  equally  success- 
ful in  tragedy  and  in  comed)^  One  in  particular,  whom  I 
may  call  "  Tom,"  had  an  especial  preference  for  the  character 
in  Shakspearean  and  other  tragedies  known  as  the  "  heavy 
villain,"  and  he  was  usually  encountered,  cane  in  hand,  wildly 
fencing  the  air  with  "  two  up,  two  down,  and  a  lunge."  One 
day,  during  an  executive  session  of  the  Senate,  we  were  all  as- 
sembled in  our  favorite  vestibule,  when  this  page  began  de- 
claiming in  his  usual  high  style  and  thrusting  around  at  imagi- 
nary ghosts  and  foes.  The  door  leading  to  the  Chamber  was 
shut,  and  he  would  occasionally  make  a  violent  charge  at  it. 
Having  recited  King  Richard's  famous  nightmare  and  a  few 
other  choice  selections  (which  we,  standing  in  the  marble  niches, 
properly  applauded),  he  cried  out  lustily  : 

Slave,  I  have  set  my  life  upon  a  cast, 
And  I  will  stand  the  hazard  of  the  die. 
I  think  there  be  si.x  Richmonds  in  the  field  ; 
Five  have  I  slain  to-dav,  instead  of  him. 


So  AMOAG    THE  LAW-MAKERS. 

Just  at  this  moment  the  door  slowly  opened  from  within, 
Tom,  however,  had  prepared  to  "charge"  and,  with  his  eyes 
fiercely  rolling  and  head  downward,  was  altogether  too  excited 
to  notice  our  "  alarums"  ;  and  as  he  declaimed  the  famous  line, 

A  horse  !   a  horse  !   my  kingdom  for  a  horse  ! 

he  made  a  leap,  and,  with  a  terrific  dive  of  the  cane — took  a 
certain  well-known  Senator  full  in  his  legislative  stomach  ! 

There  was,  in  truth,  a  decidedly  hasty  "  retreat  and  flour- 
ish "  on  the  part  of  the  senatorial  Richmond,  but  we  did  not 
wait  for  the  curtain  to  fall.  We  made  a  stampede  through  the 
swinging  doors  and  down  the  corridor,  followed  by  Tom,  who, 
reversing  the  proper  order  of  affairs,  still  brandished  his 
"  sword,"  and  shouted  at  the  top  of  his  voice  : 

Victorious  friends,  the  day  is  ours  ! — 

and  in  the  five  words  which  complete  the  well-known  lines  all 
the  scholarly  pages  joined. 

Some  of  our  tragic  recitations  were  too  sacred  for  the  pro- 
fane eyes  of  "  outsiders."  Of  the  many  solemn  councils  held 
by  us  in  the  President's  Room  with  closed  doors  ;  or  of  how 
we  were  surprised  on  several  occasions  by  the  unexpected  arri- 
val of  President  Grant  ;  or  how  we  fled  through  the  open  win- 
dows, retreated  via  the  balcony  and  Marble  Room,  and  ap- 
peared with  innocent  looks  of  wonder  before  the  enraged  group 
vainly  trying  to  unlock  the  door,  with  the  dead-latch  down  on 
the  other  side,  I  need  not  speak.  These  were  trivial  matters, 
although  the  President  himself  and  Captain  Bassett  did  not 
seem  to  take  them  as  philosophically  as  we  did.  Few  things 
could  disturb  our  equanimity. 

But,  of  course,  we  did  not  confine  our  acting  to  secret  ves- 
tibules and  dungeons.     Our  energy  demanded  still  higher  and 


LXfRAVAGAAZA.  8 1 

more  public  stages  of  action  ;  and  even  as  the  Senate  throws 
aside  its  frigid  dignity  at  night  sessions,  and  everybody  does 
about  as  he  pleases,  we  also  often  found  it  impossible  to  curb 
our  desire  for  a  little  more  freedom  of  action  than  the  rules  "al- 
lowed. 

One  of  our  favorite  performances,  in  the  comedy  line,  was 
to  caricature  the  proceedings  of  the  Senate.  Frequently  upon 
finishing  our  filing,  in  the  morning,  as  we  would  have  nothing 
else  to  do,  one  of  us  would  take  the  Vice-President's  chair  and 
call  the  "Senate"  to  order  in  right  parliamentary  fashion. 
The  proceedings  of  such  a  session  were  sometimes  eccentric, 
although  conducted  strictly  according  to  the  rules  of  Congres- 
sional procedure  ;  for  the  pages  of  my  day  had  really  a  good 
knowledge  of  parliamentary  law. 

Most  of  our  sessions  were  characterized  by  scenes  of  disor- 
der that,  as  one  member  of  our  little  company  disrespectfully 
remarked,  "  were  worthy  of  the  Lower  House."  In  fact,  they 
almost  invariably  broke  up  amid  the  wildest  confusion — gener- 
ally, however,  because  we  ran  them  too  near  the  hour  for  the 
assembling  of  the  real  law-makers,  and  were  forced  to  decamp. 
Senators,  Representatives,  House  and  Supreme  Court  pages, 
and  other  "  stragglers  "  would  come  in  during  our  debates, 
listen  spell-bound  to  our  wonderful  oratory  and  keen  logic,  and 
admire  the  aptitude  shown  by  our  presiding  officer  in  applying 
the  rules  of  the  Senate. 

It  was  usual  for  us  to  parody  the  actual  debates  of  Congress, 
and  we  would  often  take  up  copies  of  the  Globe  of  the  preced- 
ing day,  distributed  on  the  desks  of  Senators,  and  follow  the 
order  of  e\'ents  there  reported,  with  "  variations  "'  and  other 
"  improvements  "  in  language  and  gestures.  As  it  would  be 
unfair  to  omit  so  historic  a  matter  as  a  session  for  debate  by 
these  make-believe  law-makers,  I  will  give  you  a  brief  and  mild 
specimen,  and  you  may  judge  for  yourselves  in  what  respects 
6 


82  AMOA'G    THE  LAW-MAKERS. 

such  a  "  Senate  "  resembled  or   differed   from   its  great   proto- 
type. 

A  MOCK  SENATE,  AS  HELD  BY  THE  PAGES. 

(Actual  names  are  used  because  of  the  senatorial  seats  occupied  by  the 
pages.  The  Senators  with  whose  names  this  liberty  is  taken  should  not 
bear  improper  odium  on  that  account.  The  bracket-remarks  are  such 
as  might  be  used  by  official  reporters.) 

Tom  {assitming  the  chair,  and  giving  a  land  rap  with  the  gavel )  : 
The  Senate  will  come  to  order,  and  the  Secretary  will  read  the  journal  of 
yesterday's  proceedings. 

Dick  {acting  as  Secretary,  reading  solemnly)  :  "  'Twas  brillig,  and  the 
slithy  toves  did  gyre  and  gim " 

Harry  (rising/roni  the  seat  qf  Senator  Simon  Cameron):  Mr.  Presi- 
dent. 

The  Vice-President  (Tom,  of  course)  :  The  Senator  from  Pennsyl- 
vania. 

Senator  Cameron  (Harry):  I  move  that  the  reading  of  the  journal 
be  dispensed  with. 

The  Vice-President  :  The  Senator  from  Pennsylvania  moves  that 
the  reading  of  the  journal  be  dispensed  with.  Is  there  objection  ?  [^1/ter 
a  pause :]  The  Chair  hears  none.  The  Chair  will  lay  before  the  Senate  a 
communication  from  the  King  of  the  Fiji  Islands. 

George  (from  the  place  of  Senator  Carpentc)-) :  I  move  that  it  be 
thrown  into  the  waste-basket. 

{Motio7i  carried.) 

Senator  X.  (Fred)  {standing  in  the  aisle)  :   Mr.  President. 

The  Vice-President  :  The  Senator  from  Nowhere.     \Appla7{sc?^ 

Senator  X.  :  Mr.  President,  I  rise  to  a  question  of  privilege.  In 
yesterday's  Coyote,  a  sheet  that  pretends  to  be  a  journal  for  the  dissemina- 
tion of  news,  there  is  an  article  seriously  attacking  my  reputation,  accusing 
me  of  bribery  and  other  high  crimes  and  misdemeanors.  Ordinarily  I 
would  take  no  notice  of  such  a  thing,  but  as  everybody  seems  to  believe  it 
[Voices  :  "  We  do,  we  do  /  "  "  /sn^t  it  true  ?  "  etc.],  I  consider  that  I  owe 
it  to  this  body,  of  which  I  have  the  honor  to  be  a  member,  to  ask  for  the 
appointment  of  a  special  Committee  of  Investigation. 

Senator  Hamlin  (Bob)  :  I  suggest  that  the  matter  lie  on  the  table 
for  the  present.     The  House  of  Representatives  has  consumed  nearly  all 


EXTRAVAGANZA.  83 

llu'  revenues  of  the  country  for  invcstigatin;,^  purposes,  and  I  wish  to  find 
(lut  whether  there  is  enough  money  left  in  the  Treasury  to  meet  this  pro- 
posed expense.  [A  voice  :  "  Raise  the  Tariff .'  "]  I  think,  however,  that 
the  reporter  who  inserted  the  article  should  be  excluded  from  the  privileges 
of  the  gallery. 

Senator  X.  (Fred)  :  I  am  willing;  that  the  matter  go  over  until  to- 
morrow. [A  general  sigh  of  relief.  \'oice  :  "  You'll  never  hear  of  that 
again  /  "J 

Vice-President  (Tom)  {striking  with  his  gavel)  :  The  morning 
hour  having  expired,  the  Chair  lays  before  the  Senate  the  unfinished  busi- 
ness of  yesterday.  [The  ^'' Clerk"  reads  the  title  of  a  bill  to  appropriate  a 
million  dollars  for  the  purchase  of  the  North  Pole.^ 

Joe,  as  Senator  Edmunds,  is  recognised  l>y  the  Chair  as  having  had 
the  floor  when  the  Senate  adjourned  the  previous  day. 

Senator  Edmunds  (Joe)  :  Mr.  President,  when  the  Senate  adjourned 

yesterday    I    was    speaking   of [Several   voices  :   "  Olt,    lue    remember 

ivhere  you  left  off."  The  Mock-Senator  pays  no  heed  to  the  interruption.]  — 
the  sacred  trust  reposed  in  us  as  the  guardians  of  the  public  funds 

Senator  Scott  (Will— Harry's  colleague)  :  Will  the  Senator  from 
Vermont  permit  me  to  ask  him  a  cjuestion  ? 

The  Vice-President  (Tom)  :  Does  the  Senator  from  \'ermont  yield 
to  the  Senator  from  Pennsylvania  ? 

Senator  Edmunds  (Joe)  :  No;  I  cannot  lie  disturbed.  [To  .Senator 
Siott  (Will)  :]  You  made  your  speech  yesterday.  Now,  let  me  make 
mine. 

Senator  Scott  (Will)  :  I  would  like  to  ask  you  if 

Senator  Edmunds  (Joe)  {emphatically)  :  Will  you  hush  ! — [Lou<l 
laughter  and  applause.  The  Senator  continues,  after  restoration  of  order  .•] 
— and  of  the  integrity  and  fidelity  with  which  we  should  exercise  that 

Senator  Bayard  (Jack)  :  Before  the  Senator  leaves  that  branch  of  the 
subject  I  would  like  to  ask  him  if  he  was  not  convicted  of  stealing  from  a 
sutler's  wagon  during  the  War  of  181 2.      [Great  confusion.'] 

Senator  Edmunds  (Joe)  {coolly,  but  luith  cutting  irony):  \'cry  likely  : 
I  was  born  in  1858  !  [Laughter  and  applause.] 

Senator  Bayard  (Jack)  :  I  meant  no  discourtesy.  I  merely  asked 
for  information.      [Renezued  laughter.] 

Senator  Edmunds  (Joe)  :  Mr.  President,  I  yield  to  my  frientl,  the 
Senator  from  Nowhere  [Fred],  as  he  is  under  an  important  engagement  to 
attend  a  base -ball  match  this  afternoon. 


84  AMONG    THE  LAW- MAKERS. 

Senator  X.  (the  versatile  Fred)  liaviiig  iJic Jloor,  proceeds  qtiietly  to  7-ub 
the  intellectual  part  of  his  head  with  his  handkerchief,  brushes  back  his 
hair,  adjusts  his  cra7.'at,  cotcghs,  stretches  his  arms  as  if  prepared  for  a 
^^ set  speech f  and  at  length  begins:  Mr.  President — Mr.  President — Mr. 
President — ahem! — achoo  ! — this  lierc  \Jiits  the  desk^ — this  question  am 
one^ — 

Senator  Carpenter  (George)  :  Mr.  President,  I  rise  to  aparUament- 
ary  inquiry  ! 

The  Vice-President  (Tom)  :  The  Senator  will  state  it. 

Senator  Carpenter  (George)  :  I  wish  to  ask  if  the  Senator  can  mas- 
sacre the  English  language  with  impunity. 

The  Vice-President  (Tom)  :  Certainly.  He  not  only  can,  but  does  ! 
\fjands  to  the  Clerk  U.  S.  Constitution.     Clerk  reads  Art.  I. ,  Sec.   VI. ,  CI. 

!■] 

Senator  Carpenter  :  But  under  the  second  clause  of  the  preceding 
section  we  have  authority  to  control  such  matters  by  a  rule. 

The  Vice-President  :  There  is  no  rule  on  the  subject. 

Senator  Carpenter  {taking  his  seat  ivith  a  crestfallen  air)  :  Well, 
there  ought  to  be.     It  should  be  made  a  penitentiary  offence. 

The  Vice-President  :  The  Senator  from  Nowhere  will  proceed. 

Senator  X.  (Fred)  :  I  congratulate  the  Senator  from  Wisconsin  for  his 
welcome  suggest.  I  was  hasty.  I  oughter  know'd  better.  I  will  suspect 
the  proprietaries  of  debate  and  be  more  carefuller  in  fjiturio.  \Cries  of 
"  Keep  to  English.'"  "  Please  let  some  kind  of  latiguage  be  left."]  Now, 
then,  what  were  I  saying  when  I  left  off? — \Prompted  by  a  friend.] — Oh, 
yes.  This  question  is  one  [Voice  :  "  No,  it  isn't  I  It  are  tivo  .'  "J  who  is 
likely  to  give  large  unsatisfaction  to  the  sovereignty  populace.  [Smiles,  as 
if  he  had  produced  a  fine  burst  of  eloquence.  Waits  for  applause.  It  does 
not  come.  Appears  dejected.  Face  suddenly  lights  up,  as  with  a  happy, 
thought.  Strikes  the  desk,  waTcs  his  arms  wildly  about  like  those  of  a 
windmill,  and  yells  :  ]  Public  extravergance,  Mr.  President— (<n/i9///rr 
slap) — public  {thump)  and  private  (thump)  extravergance  [heavy  thump) 
caused  the  downfall  of — of — \refcrs  to  a  paper]  of  Rome  \thump .'  thump  I  I] 

— Page,  bring  me  Gibbon's  History .     I  will  pass  that  portion  of  my 

remarks,  Mr.  President,  for  the  present,  until  1  have  got  the  volume. 
Again,  as  the  Senator  from  Vermont  so  haply  said,  what  is  our  responsi- 
bilities as  legislaters  ?  Now,  that  there  last  idea  [Voice:  '■^  Do  you  call 
that  an  idea  ?  "]  digests  another.  The  provisoes  of  our  glorious  Constitu- 
tion is  too  broad  !  {.Strikes  a  pile  of  papers  ajid  sends  several  of  them  into 


EXTRA  VA  GA  NZA .  8  5 

the  face  of  his  neii^Iibor.  Leans  ovo-  /lis  t/esk  to  apologize  and  knocks  off  a 
volume  upon  the  head  of  the  Mock-Senator  in  front.  Applaicse  and  cries 
of  "  Bravo  J  "  ^^  Encore / ''  etc.]  It's  unwise  for  to  have  this  unlimitless 
power  over  the  public  funds.  There  oughter  to  be  some  restrict  put  upon 
it,  so  as  in  order  to  prevent  cxtravcrgancc,  and  that  there  can't  be  no  in- 
ad  vantage  taken!  \^lpplaiise  by  an  attentive  rural  constituent  in  tlic  gallery, 
ivho  thinks  it  is  the  Senate  itself  in  session.] 

The  Vice-President  (Tom)  \rapping  ivith  his  gavel  and  speaking 
fiercely]  :  The  Chair  desires  to  admonish  those  occupying  seats  in  the 
galleries  against  further  demonstrations.  [Rural  constituent  gets  scared 
and  goes  out.      Other  folks  laugh  at  this;   Vice-President  continues  to  rap.] 

Senator  X.:  Now,  then, 

The  Vice-President  (Tom)  {still  rapping]  :  The  Senator  will  sus- 
pend until  order  is  restored.    [Rap!  rap  !  .'  rap.'.'! Here,  two  genuine 

Senators  enter,  and  pause  to  "  take  in  the  situation!'^]  Gentlemen  in  the 
rear  of  the  seats  will  please  be  seated.  \Rap  !  rap  !  rap  !]  The  Chair  re- 
quests Senators  to  take  their  seats.  [Rap  !  rap  !  ! — After  a  pause  :]  The 
Senator  from  Nowhere  will  proceed. 

Senator  X.  (Fred)  :  Mr.  President,  from  the  way  things  are  going  and 
the  way  things  have  went,  we  will  soon  be  like  unto  Rome,  and  I  shall  now 
read  from  Gibbon,  as  the  volume  are  here.  [Opens  a  book  and  is  about  to 
read.] 

Several  Mock-Senators  [jumping  to  their  feet  and  simultaneously 
exclaiming]  :  Mr.  President,  I  rise  to  a  point  of  order. 

Vice-President  [recognizing  Senator  Edmunds  (Joe)]  :  The  Senatt)r 
from  Vermont  will  state  his  point  of  order. 

Senator  Edmunds  (Joe)  :  ^ly  point  of  order  is  that  the  Senator  from 
Nowhere  is  out  of  order,  lie  must  speak  to  the  bill.  We  cannot  waste 
our  valuable  time  in  listening  to  such  trash. 

The  Vice-President  (Tom)  :   The  Senator  is  himself  out  of  order. 

Senator  Edmunds  (Joe)  :  No,  I'm  not !     [Excitement.] 

The  Vice-President  (Tom)  :  I  tell  you,  you  are  I  and  I  wont  be  an- 
swered back  either  !     [Increased  excitement.] 

Senator  Edmunds  (Joe)  [meekly]  :  Well,  why  am  I  ? 

The  Vice-President  (Tom)  [recovering  his  dignity]  :  For  usinL:;  un- 
parliamentary language.  [Cries  of  '^  Let  the  words  be  taken  down," 
"  Make  him  apologize  "  etc.] 

Senator  Edmunds  (Joe)  :  Well,  I  ask  for  a  ruling  on  my  jioint. 

The  Vice-President  (Tom)  :   The  point  of  order  raised  by  the  Sena- 


S6  ■  AMONG    THE  LAW-MAKERS. 

tor  is  well  taken.     The  Senator  from  Nowhere  will  proceed  in  order  and 
confine  his  remarks  to  the  subject  under  consideration. 

Senator  Edmunds  (Joe)  :  Does  the  Chair  sustain  my  point  of  order  ? 

The  Vice-President  :  The  point  of  order  is  sustained. 

Senator  Edmunds  (Joe)  :  I  appeal  from  the  decision  of  the  Chair. 

\Grcat  uproar,  cries  of  '^  Are  you  crazy?"  A  Supreme  Court  page 
sticks  his  head  through  the  door  and  shouts  out  a  disrespectful  remark. 
Terrific  hubbub,  cries  renewed:  "  Ttcrn  the  rascal  out  T'  Supreme  Court 
page  ejected^ 

Senator  X.  (Fred)  :  Mr.  President,  are  it  in  order  to  move  that  the 
Senator  from  Vermont  be  lynched  ?     ^Crics  of  "  Treason  !  "] 

The  Vice-President  :  It  is  not. 

Senator  X.:  Then  I  make  that  motion.  \Re?ic7ved  uproar,  and  gen- 
eral confusion.^ 

Vice-President  (Tom)  [rapping  and  shouting\  :  The  Chair  wishes 
to  remind  Senators  that  this  is  not  the  House  of  Representatives  !  [In- 
stantaneous silence.^ 

Senator  Carpenter  (George)  :  As  it  is  manifest  that  the  Senate  is 
not  in  a  mood  to  listen  to  my  friend  from  Nowhere,  I  ask  that  he  yield  for 
a  motion  to  go  into  executive  session. 

Senator  X.  :  Not  by  any  means  !  I  intend  to  finish  this  speech  ! 
[Cries  of  "  Go  on  .'     Hear  !  hear  /  "] 

The  Vice-President  :  The  Senator  from  Wisconsin  moves  that  the 
Senate  do  now  proceed  to  the  consideration  of  executive  business.  Those 
in  favor  of  that  motion  will  say  ' '  aye  "  [shrieks']  ;  those  opposed  will  say 
"no"  [louder  shrieks]  :  the  "ayes"  have  it.  The  Sergeant-at-Arms  will 
clear  the  galleries  and  close  the  doors. 

[One  of  the  Mock-Senators  converts  himself  into  the  Sergeant-af-Arms, 
and  moves  about  as  if  requesting  people  to  leave  the  Chamber.  Senator  X. 
screams  that  ///^  Vice-President  had  no  right  to  "  entertain  any  motion  " 
while  he  had  the  floor .  The  Vice-President  says  he  understood  the 
Senator  to  yield,  and  sjiggests  that  the  SeJtator  hereafter  get  ait  "  interpre- 
ter "  to  explain  his  peculiar  jargon.     This  provokes  the  orator's  wrath.] 

Senator  X.  (Fred)  :  I  propose  to  be  heard  on  this  bill !  Pll  not  be 
gagged  !  I  want  to  say  that  I  believe  there  isn't  any  pole  at  the  North !  I 
believe  that  this  bill  are  a  wasteless  misuse  of  the  people's  money !  a  piece 
of  robbery  !  a  Job  !     [Continued  excitement.]     Let  us  spend  what  money 

we  have  on  that  nav [flourishing  his  ar?ns,  and  looking  straight  at 

Senator  CameroN  (Harry)]. 


EXTRAVAGAjYZA.  87 

Sknator  Cameron  (Harry)  {indignantly]  :   Who's  a  knave? 

Senator  X.  (Fred)  :  Nobody. 

Senator  Cameron  \in  an  excited  basso]  -.  What  did  you  look  this  way 
for,  then  ? 

Senator  X.  [baritone]  :  I  was  saying 

The  Vice-President  (Tom)  [rapping,  and  in  a  high  tenor]  :  Senators 
will  please  address  their  remarks  to  the  Chair ! 

Senator  Cameron  (Harry)  [in  a  shrill  falsetto]  :  I'll  not  be  insulted  ! 

[7'he  remainder  of  his  speech  is  lost  in  the  confusion,  Senator  X.  man- 
ages to  say  something  about''''  that  navy  of  ours  y  Senator  Cameron  (Harry) 
7'ociferates,  and  flourishes  a  paper-cutter  as  a  weapon.  Afore  cries.  All 
the  Mock-Senators  jump  to  their  feet.     Great  excitement ! 

The  hands  of  the  clock  are  not  far  from  the  hour  of  twelve.  Captain 
lujssett  hears  the  noise,  rushes  in  from  the  lobby,  and  walks  sternly  toward 
our  presiding  officer  (Tom). 

A  genuine  Senator  on  the  floor  rescues  the  dignity  of  the  Mock-Senate  by  a 
jiiotion  to  adjourn.  And  our  presiding  officer  still  has  strength  and  pluck 
enough  to  put  the  qtiestiott,  give  the  table  a  soft  blo7u  with  the  gavel,  and, 
amid  general  laughter  and  applause,  announce  an  adjournment  to  the  next 
(lay  /    Exeunt  !  ] 

Soon  the  real  Vice-President  and  tiie  Chaplain  appear  ;  the 
Senate  is  called  to  order,  and  enters  upon  its  dreary  work  ;  and 
the  atmosphere  again  subsides  into  a  lugubrious  calm. 


CHAPTER   X. 

COUNTING   THE   ELECTORAL   VOTES. 

The  secret  sessions  of  the  Senate  were  of  common  oc- 
currence, that  body  devoting  more  or  less  time  nearly  every 
day  to  the  consideration  of  executive  business.  Frequently, 
upon  motion  of  a  Senator,  it  would  go  into  executive  session 
in  the  middle  of  the  afternoon,  after  which  the  doors  would 
be  reopened  to  the  public,  and  the  Senate  would  resume  its 
legislative  business.  But  I  had  scarcely  finished  my  inves- 
tigations concerning  this  curiosity  of  senatorial  power  and 
procedure,  when  I  was  given  a  chance  to  witness  a  ceremony 
and  examine  a  subject  of  much  greater  interest  and  impor 
tance. 

Most  boys  of  America  have  had,  no  doubt,  one  common 
experience  ;  benignant  old  folks  have  patted  you  on  your  re- 
spective domes  of  thought,  and  assuringly  remarked:  "Ah, 
you'll  be  President  of  the  United  States  yet,  some  day,  my 
boy  !  "  And  many  of  you  have  probably  believed,  because  of 
the  number  of  old  folks  who  have  made  that  startling  an- 
nouncement, that  you  would  each  be  nominated  by  acclama- 
tion, and  that  your  election,  like  that  of  the  first  President  of 
our  country,  would  be  unanimous.  Without  seeking  to  disturb 
so  pleasant  a  prediction,  let  me  call  your  attention  to  certain 
facts. 

The  Constitution  says  : 


COUNTING    THE   ELECTORAL    VOTES.  89 

No  person  except  a  natural-born  citizen  .  .  .  shall  be  eligible  to 
the  (ift'ice  of  President  ;  neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and  been  four- 
teen years  a  resident  within  the  United  States. 

Under  this  restriction  as  to  ay;e,  you  will  have  some  years 
to  wait.  This  delay  will  give  you  time  to  thoroughly  study 
the  Constitution,  the  history  and  the  laws  of  the  Republic,  and 
become  familiar  with  many  public  questions  about  which  a 
President  ought  to  know. 

W^ien  the  people  choose  their  President,  they  choose  also 
their  Vice-President.  The  President  might  suddenly  die  or  be- 
come disabled  from  performing  his  duties,  and  in  that  case 
there  should  be  someone  ready  to  take  his  place.  As  the  Vice- 
President  is  chosen  to  meet  this  possible  emergency,  he  should 
be  as  wise  and  as  good  a  man  as  the  person  chosen  President. 
Ilcncc  it  is  that  the  Constitution  provides  : 

No  person  constitutionally  ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United  States. 

Such  are  the  necessary  qualifications  of  the  President  and 
Vice-President.  The  manner  in  which  those  officers  are  elected 
is  not  so  easy  to  comprehend.  Indeed,  it  is  rather  bewildering. 
Here  is  what  the  Constitution  says  upon  the  subject  : 

Each  State  shall  appoint,  in  such  manner  as  the  Legislature  thereof  may 
direct,  a  number  of  Electors,  equal  to  the  whole  number  of  Senators  and 
Representatives  to  which  the  State  may  be  entitled  m  the  Congress. 
The  Electors  shall  meet  in  their  respective  States,  and  vote  by  ballot  for 
President  and  Vice-President,  one  of  whom,  at  least,  shall  not  be  an  in- 
habitant of  the  same  State  with  lliemselves  ;  they  shall  name  in  their  bal- 
lots the  person  voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice-President,  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  President,  and  of  all  persons  voted  for  as  Vice-Presi- 
dent, and  of  the  number  of  votes  for  each,  which  lists  they  shall  sign  and 


90  AMONG    THE  LAW-MAKERS. 

certify,  and  transmit  sealed  to  the  seat  of  the  Government  of  the  United 
States,  directed  to  the  President  of  the  Senate.  The  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates  and  the  votes  shall  then  be  counted.  The  person 
having  the  greatest  number  of  votes  for  President,  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  number  of  Electors  appointed  ; 
and  if  no  person  have  such  majority,  then  from  the  persons  having  the 
highest  numbers  not  exceeding  three  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  .  .  .  The  person  having  the  greatest  number  of 
votes  as  Vice-President,  shall  be  the  Vice-President,  if  such  number  be  a 
majority  of  the  whole  number  of  Electors  appointed,  and  if  no  person  have 
a  majority,  then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President. 

The  Constitution  having  thus  defined  the  general  course  to 
be  pursued,  gives  to  Congress  and  the  legislatures  of  the  States 
the  power  to  regulate  certain  details. 

Congress,  accordingly,  has  by  statute  declared  that  the 
Electors  "  shall  be  appointed  on  the  Tuesday  next  after  the  first 
Monday  in  November,  in  every  fourth  year  succeeding  every 
election  of  a  President  and  Vice-President,"  which  is  the  same 
day  of  the  year  on  which  Congressional  elections  are  held  in 
all  of  the  States. 

The  statutory  provisions  of  the  various  States  as  to  the  way 
in  which  the  Electors  shall  be  appointed  are  not  uniform  in  all 
respects  ;  but  we  may  say,  generally,  that  the  Electors  for  each 
State  are  chosen  by  the  people  of  the  State  in  the  same  way 
that  a  Representative  is  chosen  by  the  people  of  a  Congres- 
sional District.  That  is,  each  voter  in  a  State  may  go  to  the 
polls  on  "  Presidential  election-day,"  and  cast  a  ballot  for  as 
many  persons,  to  act  as  Electors,  as  the  State  is  entitled  to  ap- 
point. The  persons,  to  the  number  required  to  be  chosen,  re- 
ceiving the  highest  number  of  votes,  become  the  Presidential 
Electors  for  the  State. 


COUNTING    THE  ELECTORAL    VOTES.  9 1 

The  Electors  of  all  the  States,  havin<^  been  duly  chosen  by 
the  people,  constitute  what  is  styled  the  "  College  of  Electors," 
and  it  is  then  their  duty  (and  I  need  not  worry  you  by  stating 
the  various  enactments  of  Congress  and  the  State  legislatures 
which  define  exactly  what  they  shall  do)  to  meet  on  the  first 
Wednesday  in  December  following  their  election,  in  their  re- 
spective States,  vote  by  ballot  for  President  and  Vice-President 
as  directed  in  the  Constitution,  and  forward  to  the  President 
of  the  Senate,  at  Washington,  certificates  of  all  the  votes  given 
by  them. 

The  Electors  having  done  their  duty,  it  remains  for  Congress 
to  finish  the  task,  and,  with  this  in  view,  the  Federal  law- 
makers have  enacted  that  both  Houses  of  Congress  shall  be  in 
session  on  the  second  Wednesday  of  the  February  following 
these  other  performances,  for  the  purpose  of  counting  the  elec- 
toral votes  pursuant  to  the  Constitution.  Here  all  legislation  on 
the  subject  ends. 

This  system  of  the  indirect  election  of  President  and  Vice- 
President  has  descended  to  us  from  the  early  days  of  the  Repub- 
lic, when  the  country  was  in  its  infancy  and  the  population  but 
a  small  fraction  of  its  present  size.  Though  the  individual  citi- 
zen does  in  effect  vote  for  President  and  Vice-President  when 
he  casts  his  vote  for  the  electoral  ticket,  the  plan  by  which 
those  Electors  are  themselves  elected,  and  by  which  they,  too, 
go  through  the  show  of  a  Presidential  election  before  the  final 
ceremony  of  an  official  canvass  of  the  votes  in  Congress,  is 
complicated,  roundabout,  and  awkward.  It  would  be  much 
better,  and  altogether  simpler,  for  the  people  to  choose  these 
high  officers  of  Government  directly,  without  the  clums}'  con- 
trivance of  the  Electoral  College.  When  )'ou  become  law- 
makers of  the  country,  I  shall  expect  to  see  the  Constitution 
amended  in  this  respect.  At  any  rate,  please  give  the  matter 
your  thoughtful  consideration. 


92  AMONG    THE  LAW-MAKERS. 

I  have  said  that  "  here  all  legislation  on  the  subject  ends." 
This  statement  is  not  only  true,  but  deplorable.  Beyond  the 
law  that  both  Houses  of  Congress  shall  be  in  session  on  a  par- 
ticular day  for  the  purpose  of  counting  the  votes,  there  is  no 
provision  except  the  brief  and  vague  commandment  of  the  Con- 
stitution that  "the  President  of  the  Senate  shall,  in  the  pres- 
ence of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates  and  the  votes  shall  then  be  counted.''  How  and  by 
whom  shall  the  votes  be  counted  ?  At  this  time  nobody  knows. 
The  Constitution  does  not  say,  and  Congress  has  not  declared. 
Are  we  to  suppose  that  the  Constitution  intended  that  the 
President  of  the  Senate  should  do  the  counting  ?  Hardly.  It 
is  pretty  well  settled  that  he  is  intended  for  ornament.  His 
duties,  such  as  they  are,  are  not  robust — simply  to  knock  with 
the  gavel  and  preserve  order,  and  give  the  electoral  envelopes 
the  "  constitutional  rip."  Further  than  this,  his  power  and 
his  glory  abide  in  a  state  of  expectancy — he  has  little  to  do  but 
to  wait,  with  patience  and  serenity,  for  the  President  of  the 
United  States  to  be  good  enough  to  die  and  leave  to  him  the 
mantle  of  executive  authority. 

Twice,  in  the  history  of  our  Government,  the  people  have 
been  plunged  into  intense  excitement,  and  the  peace  of  the  coun- 
try has  been  imperilled,  by  the  absence  of  proper  provisions  in 
regard  to  the  election  of  President^ — once  in  i8oi,and  again  in 
1877.  The  lesson  of  1801  resulted  in  the  Twelfth  Amendment 
to  the  Constitution,  which  took  effect  in  1804,  designed  to  pre- 
vent a  recurrence  of  the  danger.  The  warning  of  1877  apparently 
went  unheeded,  for  while  Congress,  by  a  temporary  and  doubt- 
ful expedient,  styled  the  "  Electoral  Commission,"  managed  to 
lift  the  country  out  of  the  peril  in  which  it  was  at  that  time 
placed,  it  has  provided  no  guard,  although  ten  years  have 
passed,  against  a  similar  jeopardy,  and  perhaps  catastrophe,  in 
the  future.     Which  shows  that  the  law-makers  who  lived  in  the 


COUNTING    THE  ELECIORAL    VOTES.  93 

early  part  of  the  century  were,  in  sonic  respects  at  least,  almost 
as  patriotic  as  are  those  who  flourish  now. 

In  1873,  however,  there  was  a  provision  as  to  how  the  elec- 
toral votes  should  be  counted.  It  was  what  was  known  as  the 
"  Twenty-second  Joint  Rule  "  of  the  two  Houses  of  Congress, 
and  provided  that  the  two  Houses  should  assemble  in  the  Hall 
of  the  House  of  Representatives  at  the  hour  of  one  o'clock  P.M., 
on  the  second  Wednesday  in  k'ebruary,  and  also  provided  the 
course  of  proceeding  when  so  assembled. 

As  the  terms  of  President  Grant  and  Vice-President  Colfax 
were  constitutionally  doomed  to  expire  on  March  4,  1873,  Elec- 
tors had  been  duly  chosen  by  the  votes  of  the  people  in  the  month 
of  November,  1872,  and  these  Electors  had  met  and  voted  for  a 
President  and  Vice-President  of  the  United  States  for  the  suc- 
ceeding period  of  four  years,  and  the  sealed  certificates  had 
been  forwarded  to  Washington.  Accordingly,  on  the  second 
Wednesday  (the  12th)  of  February,  the  certificates  were  to  be 
opened  and  the  counting  of  the  electoral  votes  was  to  occur. 
When  the  da)'  arrived,  the  Senate  met  at  its  usual  hour  and  be- 
gan to  transact  ordinary  legislative  business,  in  which  no  one, 
however,  seemed  to  take  much  interest.  The  sight-seers  crowd- 
ed the  galleries  of  the  House  of  Representatives,  the  galleries  of 
the  Senate  being  almost  deserted  — only  such  persons  occupying 
them  as  were  probably  unsuccessful  in  obtaining  admission  to 
the  other  House.  After  the  transaction  of  some  unimportant 
business,  Senator  Pratt  arose  and  began  an  elaborate  speech  on 
the  pension  laws.  But  everything  had  a  holiday  appearance. 
The  Senators,  the  pages,  and  the  other  officials  felt  like  chil- 
dren about  to  go  to  a  picnic,  and  were  anxious  for  the  hour  of 
one  o'clock  to  arrive  and  put  an  end  to  their  agony  of  suspense. 

Right  in  the  midst  of  Senator  Pratt's  speech,  the  Clerk  of 
the  House  of  Representatives  appeared  at  our  bar  and  delivered 
the  following:  message  : 


94  AMONG    THE  LAW-MAKERS. 

"  Mr.  President  :  I  am  directed  to  inform  the  Senate  that 
the  House  of  Representatives  is  now  ready  to  receive  the  Sen- 
ate, for  the  purpose  of  proceeding  to  open  and  count  the  votes 
of  the  Electors  of  the  several  States  for  President  and  Vice- 
President  of  the  United  States." 

Shortly  afterward,  the  hour  of  one  o'clock  having  arrived, 
the  Vice-President  said  : 

"  The  Senate,  preceded  by  the  Sergeant-at-Arms,  will  now 
repair  to  the  Hall  of  the  House  of  Representatives." 

Thereupon  Mr.  French,  the  Sergeant-at-Arms  of  the  Senate, 
left  his  chair  and  walked  toward  the  main  door  leading  to  the 
House,  followed  by  the  Vice-President  and  Secretary.  Then  the 
Senators  fell  in  line,  two  by  two,  and  the  procession  began  to 
move.  Certain  other  officers  of  the  Senate  joined  the  ranks,  and 
as  nothing  would  be  regular  or  complete,  according  to  our  no- 
tions, without  the  presence  and  co-operation  of  the  pages,  we 
went  along  as  a  matter  of  course,  sandwiching  ourselves  in  be- 
tween the  venerable  Solons  wherever  we  could  find  an  aperture 
wide  enough  to  accommodate  our  small  bodies.  But  the  most 
conspicuous,  if  not  the  most  important  personage  in  the  column, 
was  Captain  Bassett,  the  custodian  of  the  electoral  certificates. 
The  patriarch  of  the  Senate,  he  at  all  times  inspired  reverence  ; 
on  this  occasion,  as  he  slowly  moved  along  in  his  dignified  way, 
tightly  clutching  the  sacred  box  containing  the  certificates  (as  a 
mark  of  especial  honor,  always  given  to  him  to  carry),  not  even 
a  page  would  have  presumed  or  dared  to  so  much  as  touch 
him. 

The  line  of  march  led  us  through  the  great  rotunda  of  the 
Capitol,  which  was  crowded  with  people  who  had  gathered  to 
see  the  novel  and  imposing  sight.  It  was  an  unusually  orderly 
and  respectful  gathering  ;  no  one  tried  to  grab  the  box,  and  the 
police  had  no  difficulty  in  keeping  the  crowd  at  a  proper  dis- 
tance to  permit  the  passage  of  the  Senate. 


COUNTING    THE  ELECTORAL    VOTES.  95 

When  we  reached  the  Hall  our  arrival  was  announced  by 
the  Doorkeeper  ;  and  as  we  entered,  all  the  Representatives 
and  officers  of  the  House  rose  to  their  feet  to  receive  us,  and 
remained  standing  while  the  Senators  were  being  seated  in  the 
chairs  provided  for  them  in  the  eastern  section  of  the  Hall  near 
the  Speaker's  desk.  The  Vice-President,  as  the  presiding  offi- 
cer of  the  joint  convention  of  the  two  Houses,  took  his  seat  in 
the  Speaker's  chair — the  Speaker,  Hon.  James  G.  Blaine,  oc- 
cupying a  chair  on  his  left.  Senator  Sherman  (who  had  been 
•  appointed  by  the  Senate  to  act  as  a  teller  in  counting  the  votes) 
and  Representatives  Dawes  and  Beck  (the  tellers  on  the  part  of 
the  House)  took  their  places  at  the  Clerk's  desk,  at  which  the  Sec- 
retary of  the  Senate  and  Clerk  of  the  House  were  also  stationed. 
The  pages  and  "  the  other  officers  of  the  two  Houses"  estab- 
lished themselves  (as  under  the  terms  of  the  Joint  Rule  they 
were  entitled  to  do)  "in  front  of  the  Clerk's  desk  and  upon 
either  side  of  the  Speaker's  platform." 

After  the  confusion  on  the  floor  and  in  the  galleries  incident 
to  our  entrance  had  somewhat  subsided,  the  Vice-President 
rose  and  stated  : 

"  The  Senate  and  House  of  Representatives  having  met 
under  the  provisions  of  the  Constitution  for  the  purpose  of 
opening,  determining,  and  declaring  the  votes  cast  for  Presi- 
dent and  Vice-President  of  the  United  States  for  the  term  of 
four  years  commencing  on  the  4th  of  March  next,  and  it  being 
my  duty,  in  the  presence  of  both  Houses  thus  convened,  to 
open  the  votes,  I  now  proceed  to  discharge  that  duty." 

He  then  proceeded  to  open  and  hand  to  the  tellers  the  votes 
of  the  P^lectors  of  the  several  States  for  President  and  Vice- 
President,  commencing  with  the  State  of  Maine.  Senator  Sher- 
man read  in  full  the  certificate  of  the  votes  of  that  State  (and 
the  certificate  of  the  Governor  as  to  the  election  of  the  Electors), 
which  were  seven  for  Ulysses  S.  Grant,  of  Illinois,  for  Presi- 


96  AMOA'G    THE  LAW-MAKERS. 

dent,  and  seven  for  Henry  Wilson,  of  Massachusetts,  for  Vice- 
President,  Then  Mr.  Dawes  read  the  certificate  of  the  votes  of 
the  State  of  New  Hampshire,  and  so  they  continued,  each  teller 
reading  in  turn.  When  the  votes  of  the  State  of  Mississippi  were 
reached,  Senator  Trumbull  objected  to  their  being  counted,  for 
the  reason  that  the  certificate  did  not  show  that  the  Electors  of 
that  State  had  voted  ''by  ballot  "  as  required  by  the  Constitu- 
tion. Representative  Potter  also  objected,  on  other  grounds,  to 
their  being  counted,  and  an  objection  being  made  by  Repre- 
sentative Hoar  to  the  counting  of  three  of  the  electoral  votes 
of  Georgia,  the  Vice-President  said  : 

"  Three  questions  having  arisen  in  regard  to  the  counting  of 
the  votes  for  President  and  Vice-President,  the  Senate  will  now 
withdraw  to  their  Chamber." 

Thereupon  we  reorganized  in  procession  and  marched  out  of 
the  Hall  in  as  pompous  a  manner  as  we  had  entered  it  an  hour 
before.  Upon  reaching  the  Senate-chamber,  the  Vice-Presi- 
dent called  the  Senators  to  order,  and  they  at  once  began  to 
discuss  the  objections  made,  the  House  in  the  meantime,  as 
soon  as  we  had  retired  from  its  Hall,  having  begun  to  do 
the  same  thing.  After  discussion,  and  when  the  Senators  had 
passed  resolutions  setting  forth  their  decisions  upon  the  mat- 
ters, the  Secretary  was  notified  to  inform  the  House  that  the 
Senate  was  ready  to  proceed  with  the  count.  In  a  little  while 
the  Clerk  of  the  House  appeared  and  stated  that  the  House  had 
also  reached  a  conclusion  ;  whereupon  we  formed  into  hne  for 
a  third  time  and  re-entered  the  Hall  of  the  House  at  thirty-five 
minutes  past  three  o'clock.  (I  take  this  time-record  from  the 
Globe.) 

The  Vice-President  resumed  the  chair,  and  stated  the  result 
— that  both  Houses  agreed  to  the  counting  of  the  electoral  votes 
of  the  State  of  Mississippi,  and  that  the  same  would  be  counted, 
but  that  as  to  the  three  votes  of  the  State  of  Georgia  there  was 


^  -.£^.3=2?. 


'1        '  ,  ,lV/!  "J"VA'i 


^' 


Second  Wednesday  of  February,  1873 


~^^?^- 


CO L\\ 77 NG    77 IE   7iLECTORA7.    I' DIES.  97 

a  disagreement  between  the  Houses,  and  that  therefore  those 
votes  would  not  be  counted. 

The  tellers  again  went  to  work,  but  another  point  of  dispute 
appeared  when  the  votes  of  Texas  were  announced.  Objections 
being  made,  the  Senate  again  retired  in  a  body,  reaching  its 
Chamber  at  four  o'clock  and  twenty-four  minutes  P.M.  After 
discussion  as  before  by  both  Houses,  and  a  conclusion  having 
been  arrived  at  by  each,  in  about  half  an  hour  we  again,  and 
for  the  fifth  time,  organized  in  procession  and  re-entered  the 
Hall  of  the  House.  The  Vice-President  announced  that  both 
Houses  agreed  to  the  counting  of  the  votes  of  the  State  of 
Texas,  and  the  same  were  accordingly  counted.  Then  the  tell- 
ers proceeded  as  before  until  objections  were  made  to  the  elec- 
toral votes  of  Louisiana  and  Arkansas,  when  we  again  retired 
to  the  Senate-chamber,  and  entered  into  a  discussion  lasting 
about  an  hour  and  a  half.  Meanwhile,  the  shadows  of  night 
had  begun  to  creep  around  the  building,  and,  while  we  were 
straining  our  eyes  in  the  gloaming,  the  Chamber  was  illuminated 
by  a  sudden  flash  from  the  electric  wires  above.  Well,  we  fi- 
nally came  to  a  decision,  and  returned  to  the  Hall  (which,  to- 
gether with  the  rotunda,  had  also  been  lit  up)  "  at  seven  o'clock 
ani.1  forty-five  minutes  P.M. ,'' according  to  the  account  given  by 
the  House  reporters  in  the  Globe.  The  Senate  reporters,  in  the 
same  official  record,  state  that  we  did  not  leave  the  Senate- 
chamber  on  our  return  march  to  the  House  until  "  seven  o'clock 
and  forty-six  minutes  P.M."  You  will  thus  observe  that,  b}'  a 
peculiar  legislative  magic,  we  arrived  at  the  Hall  just  one  min- 
ute before  we  actually  started  to  go  to  it. 

The  Vice-President  stated  the  decision.  Both  Houses  agree- 
ing to  reject  the  votes  of  Louisiana,  and  there  being  a  disagree- 
ment as  to  the  votes  of  Arkansas,  the  electoral  votes  of  the  two 
States  were  not  counted.  All  the  certificates  having  been  opened, 
the  tellers  were  instructed  by  the  Vice-President  to  announce  the 
7 


98  AMONG    THE  LAW-MAKERS. 

result  of  the  vote.  Senator  Sherman  compHed  with  the  direction 
of  the  Vice-President,  reading  in  detail  the  votes  as  cast  by  the 
Electors  of  each  State  that  were  ordered  to  be  counted.  This 
done,  the  Vice-President  addressed  the  joint  convention  : 

"The  whole  number  of  Electors  to  vote  for  President  and 
Vice-President  of  the  United  States,  as  reported  by  the  tellers, 
is  -^66,  of  which  the  majority  is  184.  Of  these  votes,  349  have 
been  counted  for  President,  and  352  for  Vice-President  of  the 
United  States.  The  result  of  the  vote  for  President  of  the 
United  States,  as  reported  by  the  tellers,  is,  for  Ulysses  S. 
Grant,  of  Illinois,  286  votes  ;  for  B.  Gratz  Brown,  of  Missouri, 
18  votes  ;  for  Thomas  A.  Hendricks,  of  Indiana,  42  votes  ;  for 
Charles  J.  Jenkins,  of  Georgia,  2  votes  ;  and  for  David  Davis, 
of  Illinois,  I  vote.  The  result  of  the  vote,  as  reported  by  the 
tellers,  for  Vice-President  of  the  United  States  is,  for  Henry 
Wilson,  of  Massachusetts,  286  votes  ;  for  B.  Gratz  Brown,  of 
Missouri,  47  votes;" — referring  also  to  straggling  votes  given 
for  seven  other  persons  for  Vice-President. 

"  Wherefore,"  continued  the  Vice-President,  slowly  and  with 
great  solemnity,  "  I  do  declare  that  Ulysses  S.  Grant,  of  the 
State  of  Illinois,  having  received  a  majority  of  the  whole  num- 
ber of  electoral  votes,  is  duly  elected  President  of  the  United 
States  for  four  years,  commencing  on  the  4th  day  of  March, 
1873;  and  that  Henry  Wilson,  of  the  State  of  Massachusetts, 
having  received  a  majority  of  the  whole  number  of  electoral 
votes  for  Vice-President  of  the  United  States,  is  duly  elected 
Vice-President  of  the  United  States,  for  four  years,  commenc- 
ing on  the  4th  day  of  March,  1873." 

And,  after  a  pause,  he  added  : 

"  The  object  for  which  the  House  and  Senate  have  assembled 
in  joint  convention  having  been  accomplished,  the  Senate  will 
retire  to  its  Chamber." 

Thereupon,  at  about  eight  o'clock,  amid  a  deafening  thunder 


COUNTING    THE  ELECTORAL    VOTES.  cjc^ 

of  applause  and  uproar,  we  slowly  left  the  Hall.  Cheer  upon 
cheer  for  the  men  thus  declared  elected  to  the  highest  ofifices  in 
the  gift  of  the  Republic  rent  the  air — cheers  in  which  all  joined, 
Senators,  Representatives,  officers,  and  spectators.  It  needed 
only  the  firing  of  a  hundred  cannon,  tlie  blare  of  a  brass  band, 
and  the  "swish"  of  a  few  sky-rockets,  to  render  the  demon- 
stration truly  American. 

The  Speaker  resumed  the  chair  and  again  called  the  House 
to  order,  but  the  noise  was  so  great  that  business  was  impossi- 
ble, and,  almost  immediately,  that  body  adjourned  for  the  day. 
Upon  returning  to  our  deserted  Chamber,  a  resolution  was 
adopted  by  which  Senator  Sherman  was  appointed  to  join  such 
committee  as  might  be  appointed  by  the  House,  to  wait  upon 
the  gentlemen  who  had  been  elected  President  and  Vice-Presi- 
dent, and  inform  them  of  their  election.  And  then,  being  too 
demoralized  to  transact  further  business,  at  eight  o'clock  and 
seven  minutes  P.M.  the  Senate  adjourned. 


CHAPTER     XL 

CLOSE   OF   A    CONGRESS. 

When  the  Government  gets  its  fingers  around  any  money, 
it  closes  them  with  the  grip  of  a  giant.  It  goes  on  peacefully 
collecting  millions  of  dollars,  but  not  a  cent  will  it  expend  un- 
less Congress  so  declare  in  form  of  law.  This  rule  is  inexor- 
able. No  matter  how  just  maybe  the  claims  upon  its  Treasury, 
however  great  may  be  the  necessity  of  its  creditors  or  urgency 
of  its  own  wants — it  cannot  buy  a  loaf  of  bread  to  keep  the 
pangs  of  hunger  from  its  own  door.  It  is  as  helpless  as  a  ship- 
wrecked millionaire  floating  aimlessly  about  in  mid-ocean  on  a 
broken  spar.  All  that  it  can  do  is  to  balance  its  bank  account 
— and  wait  for  help.  As  Congress  has  the  sole  right  to  say 
what  money  shall  go  into  the  national  vaults,  so  it  has  the  sole 
right  to  say  what,  if  any,  shall  come  out.  It  holds  the  purse- 
strings  of  the  Treasury,  and  it,  alone,  can  loosen  them  when  it 
may  see  fit. 

The  enormous  running  expenses  of  the  Government,  and 
the  current  obligations,  such  as  pensions,  which  it  has  assumed, 
must  therefore  be  provided  for  by  Congress.  This  is  done  by 
the  yearly  enactment  of  what  are  styled  the  General  Appropri- 
ation Bills — more  than  twelve  in  number.  The  Legislative, 
Executive,  and  Judicial  Appropriation  Bill  relates  to  the  pay  of 
members  and  employes  of  the  Congress  ;  of  the  President,  and 
the  officers  and  clerks  of  executive  departments  ;  of  the  judges 
of  the  Federal  courts,  and  various  incidental  expenses.     The 


CLOSE   OF  A    CONGRESS.  lOl 

Army,  the  Nav}',  the  Diplomatic  Service,  the  Indians,  these 
and  otlier  subjects  are  each  provided  for  by  separate  bills,  and 
various  odds  and  ends  go  into  the  Sundry  Civil  Bill.  These 
laws  provide  for  the  service  only  during  a  single  "  fiscal  year," 
beginning  on  the  first  day  of  every  July,  and  as  they  cease  to 
operate  upon  June  30th  following,  the  failure  of  Congress  to 
furnish  these  annual  supplies  would  seriously  embarrass  public 
affairs.  The  President,  the  judges,  the  thousands  of  other  offi- 
cers, civil,  military,  and  naval — the  law-makers  themselves — 
would  have  to  go  without  their  pay,  and  the  noble  Indian 
might  become  nervous  and  unearth  the  hatchet  !  As  the  Con- 
gressmen are  not  very  good  fortune-tellers,  there  is  invariably 
a  huge  General  Deficiency  Bill  each  year  to  meet  expenses  un- 
provided for  by  the  appropriation  laws  of  the  preceding  year, 
and,  to  provide  for  needs  of  the  service  requiring  immediate  at- 
tention, it  is  often  necessary  to  pass  an  Urgent  Deficiency  Bill 
which  goes  into  effect  at  once  upon  its  passage,  thus  rendering 
the  funds  appropriated  by  it  immediatel}'  available. 

On  account  of  the  importance  of  these  bills,  they  are  given 
precedence  over  all  other  measures  as  matters  of  privilege,  and 
from  the  time  the}'  are  reported  b\'  the  House  committees 
which  attend  to  their  preparation,'"  they  absorb  the  attention  of 
each  body  almost  daily  during  the  remainder  of  tlie  session. 
When  the  last  appropriation  bill  is  passed  and  out  of  tlie  way, 
and  the  Government  is  thereby  enabled  to  support  itself  for 
the  coming  year,  the  average  Congressman  thinks  it  time  to 
go  home,  and  so  Congress  generally  then  adjourns,  often  to 
the   serious    neglect  of  other   matters   of  moment  pending   in 

*The  House,  with  the  acquiescence  of  the  Senate,  has  long  exercised  the  right  to 
originate  these  bills.  \  spirited  contest,  growing  out  of  the  deadlock  on  the  Naval 
Bill,  has  been  recently  (1884-85)  waged  between  the  two  bodies  of  Congress  respecting 
this  usage,  or  right.  The  House  now  claims  tliat  it  is  a  constitutional  power,  conferred 
by  the  provision  as  to  "  revenue  "  measures,  and  that  the  inclination  of  the  Senate  to 
introduce  appropriation  bills  is  unmitigated  usurpation. 


102  AMONG    THE  LAW-MAKERS. 

either  House,  This  remark  appHes  only  to  the  long  sessions 
of  Congress,  for  the  short  sessions  must  end  on  March  4th,  and 
are  so  very  brief  that  even  the  appropriation  bills  sometimes 
suffer  in  the  rush  and  hurry  of  legislation.'^  Much  as  some 
law-makers  like  to  talk,  they  must  look  for  a  more  favorable 
opportunity  than  when  an  appropriation  bill  is  under  consider- 
ation, for  then,  to  economize  time,  the  five-minute  rule  and 
other  provisions  limiting  debate  are  rigorously  enforced  in  each 
House. 

As  the  Forty-second  Congress  was  to  terminate  on  March 
4,  1873,  both  Houses  became  very  industrious  after  the  count- 
ing of  the  electoral  votes  in  Februar}^  When  the  general  ap- 
propriation bills  were  not  under  consideration,  each  House  oc- 
cupied itself  much  of  the  time  with  the  calendar  ;  f  and  private 
and  various  classes  of  unobjectionable  bills  were  passed  by  the 
wholesale,  as  rapidly  as  the  Clerk  could  read  them  and  the  pre- 
siding officer  could  put  the  necessary  formal  questions. 

And  I  may  here  tell  you  another  interesting  fact,  explain- 
ing the  cause  of  all  this  haste.  When  a  Congress  expires  on  a 
fourth  of  March,  all  the  bills  and  other  matters  left  undisposed 
of  become  absolutely  dead.  The  next  Congress  enters  upon 
its  work  of  legislation  with  a  new  and  clear  record  and  with 
hands  quite  free  ;  old  bills  must  either  stay  dead,  or  be  re-in- 
troduced and  go  through  the  customary  stages  of  examination 
in  order  to  become  laws.  Some  people  know  this  to  their  sor- 
row. I  still  recognize  bills  that  have  been  in  Congress  for 
}-ears.     Some  of  them  would  pass  one  House  and  get  through 

*  So  great  has  grown  the  evil  of  hasty  legislation,  that  thinking  men  realize  that  both 
the  long  and  the  short  sessions  of  Congress  should  be  extended,  by  fixing  the  time  of 
meeting  earlier  than  December,  and  a  bill  to  achieve  this  purpose  was  recently  intro- 
duced in  the  Senate  and  is  now  pending. 

1  The  "  calendar  "  is  a  list  of  measures  ready  for  action,  upon  which,  unless  other- 
wise ordered,  bills  and  resolutions  are  placed,  when  properly  reported,  to  be  taken  up 
and  considered  in  their  order. 


CLOSE    OF   A    CONGRESS.  IO3 

tlic  other  just  on  the  eve  of  the  dissolution  of  a  Congress,  but 
too  late  to  get  the  approval  of  the  President  ;  and  they  uould 
liave  to  begin  over  again  in  the  next  Congress,  and  probably 
not  be  able  to  do  more  than  pass  one  House.  To  expedite 
legislations,  the  President  always  went  to  the  Capitol  during 
the  closing  hours  of  a  session,  accompanied  by  his  Cabinet,  pri- 
vate secretary  and  clerks,  occupying  a  room  set  apart  for  his 
use  near  the  Senate-chamber.  As  fast  as  Acts  of  Congress  were 
submitted  to  him,  he  considered  them,  and  his  private  secretary 
notified  the  House  or  the  Senate  of  his  action  concerning  them, 
thus  saving  much  time. 

Well,  as  I  have  said,  we  were  in  the  dying  days  of  a  Con- 
gress, and  that  you  may  form  an  idea  of  the  labor  of  the  Senate 
at  that  period,  I  will  give  you  a  few  statistics  upon  the  subject. 

Let  us  begin  with  the  last  week  in  February  of  that  year. 
The  Senate  met  at  eleven  o'clock  on  the  morning  of  Monday, 
the  twenty-fourth  of  that  month.  It  remained  in  session  until 
five  o'clock  in  the  afternoon,  when  a  recess  was  taken  until 
seven  o'clock.  After  re-assembling,  it  sat  until  forty-six  min- 
utes after  eleven  o'clock  at  night.  (Nearly  eleven  hours  of  ac- 
tual work.)  The  Senators  evidently  obtained  a  tolerably  good 
night's  rest,  for  they  were  again  on  hand  at  eleven  o'clock, 
Tuesday  morning,  ready  for  business.  They  sat  until  five,  took 
a  recess  for  two  hours,  adjourning  at  fifty-five  minutes  past  ten. 
(About  ten  hours  of  work.)  On  Wednesday,  the  twenty-sixth, 
they  assembled  at  eleven,  took  a  recess  from  five  to  seven,  and 
adjourned  at  twenty-four  minutes  after  twelve  o'clock.  (F^leven 
hours  and  a  half  of  work.)  Thursday,  the  Senate  again  con- 
vened at  eleven,  took  the  usual  recess,  and  continued  in  session 
all  night  long,  adjourning  at  fifty-five  minutes  past  seven  o'clock, 
Friday  morning,  to  meet  at  one  o'clock  the  same  da\'.  (A  ses- 
sion of  eighteen  hours  and  three-quarters,  not  counting  the  re- 
cess.)     It  met  at  one  o'clock  on  Friday  afternoon,  took  a  recess 


I04  AMONG    THE  LAW-MAKERS. 

at  fi\e  o'clock  for  only  half  an  hour,  adjourning  at  twenty 
minutes  past  one  o'clock  at  night.  (About  thirteen  hours  of 
severe  mental  application.)  On  Saturday,  March  1st,  it  met 
at  eleven  o'clock,  at  five  a  recess  was  taken  until  seven  in  the 
evening,  at  seven  it  re-assembled  and  remained  in  session  until 
twenty  minutes  past  four  o'clock  Sunday  morning,  when  it  took 
another  recess  until  seven  o'clock  that  evening.  Many  of  the 
Senators  were  opposed  to  sitting  on  Sunday  but  the  majority 
considered  it  absolutely  necessary.  So,  at  seven  o'clock  (when 
the  pages  would  otherwise  have  been  preparing  to  go  to  even- 
ing church),  they  were  again  called  to  order,  continuing  their 
deliberations  until  fifteen  minutes  after  twelve  o'clock  Monday 
morning,  March  3d,  adjourning  to  meet  again  that  morning  at 
ten  o'clock  instead  of  eleven.  These  twenty  hours  and  thirty- 
five  minutes  of  work,  although  made  up  of  parts  of  three  dif- 
ferent days,  all  belonged  to  the  session  of  Saturday.  This  ses- 
sion constituted  a  "legislative"  day,  and  you  thus  see  that  a 
legislative  day  may  really  consume  several  of  our  ordinary  days. 
It  is  rather  confusing  to  talk  of  the  proceedings  of  Monday 
morning,  March  3d,  as  the  proceedings  of  Saturday,  March 
1st,  but  that  is  the  way  it  appears  in  the  record. 

Well,  at  ten  o'clock  on  Monday,  March  3d,  the  Senate 
began  its  last  day's  session,  that  was  destined  to  contain  nine- 
teen hours  and  a  half  of  solid  labor.  At  five  o'clock  a  recess 
was  taken  until  seven.  Upon  re-assexnbling,  all  were  indeed 
kept  busy.  The  members  of  the  House  were  working  equally 
hard  in  the  passage  of  bills,  the  Clerk  of  that  body  appearing 
in  the  Senate  every  i&w  minutes  with  a  large  roll  of  paper  and 
parchment,  and  announcing  its  progress  in  the  business  of  mak- 
ing laws.  No  one  slept  that  night.  Each  moment  was  pre- 
cious, nearly  every  Senator  struggling  with  might  and  main  to 
secure  the  consideration  of  this  or  that  bill  in  which  his  constit- 
uents   were  interested.      Thus    it    continued    all  night,  and  at 


CLOSE    OF   A    CONG/^ESS.  105 

five  o'clock  on  the  morning  of  Tuesday,  March  4th,  wc  took  a 
recess  for  four  hours  and  a  half. 

When  we  re-assembled,  it  seemed  as  if  a  magician  had  been 
at  work  in  our  absence.  The  Senate-chamber  was  filled  with 
chairs,  one  being  placed  wherever  there  was  space  to  hold  it.  A 
stream  of  humanity  was  applying  for  admission  to  the  building, 
the  doors  of  which  were  closed  and  guarded  by  officers.  Finally, 
when  the  doors  were  opened,  and  those  who  had  printed  passes 
were  allowed  to  enter,  the  crowd  was  so  great  that  the  galler- 
ies overflowed  and  the  corridors  became  packed  with  people. 
Evidently,  something  unusual  was  about  to  happen. 

But  the  proceedings  of  the  Senate  went  on  as  busily  as 
ever,  although  we  had  to  wait  a  few  minutes  for  a  quorum  of 
Senators  to  appear.  Some  of  them  had  become  exhausted  and 
had  probably  overslept  themselves. 

Very  soon,  distinguished  officers  of  the  Army  and  Navy,  in 
full  uniform,  began  to  drop  in  quietly  and  take  seats  in  the  rear 
of  the  Senators'  desks.  At  about  half-past  eleven  o'clock. 
Captain  Bassett  announced  the  arrival  of  the  Diplomatic  Corps, 
and  a  long  line  of  foreign  ambassadors  filed  in,  headed  by 
Blacque  Bey,  the  Turkish  Minister,  and  ''  dean,"  or  senior 
member,  of  the  Corps.  They  were  assigned  to  seats  on  the 
Democratic  side  of  the  Chamber.  They  were  all  in  court  dress 
— dark-colored  trousers  with  gold  bands  down  the  outer  seams  ; 
coats  glittering  with  bright  buttons,  lace,  and  gold  trimmings, 
each  ambassador  wearing  a  military  hat,  and  a  small  straight 
sword  like  those  worn  by  men  of  the  upper  ranks  a  century  ago. 
Shortly  afterward,  in  walked  the  Chief  Justice  and  the  Associate 
Justices  of  the  Supreme  Court  of  the  United  States,  in  their 
sombre  magisterial  robes. 

Meanwhile,  there  were  goings-on  outside  of  the  Capitol 
that  would  have  interested  my  young  readers.  A  monster 
procession    was    advancing    like    a    conquering    army.      There 


I06  AMONG    THE  LAW-MAKERS. 

were  soldiers  on  horseback  and  soldiers  on  foot — artillery, 
cavalry,  and  infantry ;  horses  dragging  huge  cannon,  and 
horses  dragging  huge  fire-engines  ;  carriages  containing  men 
in  uniform,  and  carriages  containing  men  in  citizens' attire ;  a 
platoon  of  mounted  police,  and  a  battalion  of  marines  who 
walked  ;  large  bodies  of  men  belonging  to  State  militia,  and 
large  bodies  of  men  belonging  to  civic  and  secret  organizations 
— with  and  without  the  paraphernalia  of  their  orders  ;  cadets 
from  the  Military  Academy  at  West  Point,  and  cadets  from  the 
Naval  Academy  at  Annapolis — the  former  dressed  in  gray, 
the  latter  in  blue  ;  and  at  distances  of  every  one  or  two  hundred 
feet  were  brass-bands  : — all  forming  one  mass  that  filled  the 
wide  thoroughfare  of  Pennsylvania  Avenue — with  flags  and 
banners  all  around,  raised  aloft  by  people  in  the  procession, 
and  floating  from  the  windows  and  tops  of  houses  ;  the  air 
vocal  with  martial  music,  each  band  braying  a  different  tune  at 
the  same  time  ;  and  from  every  direction,  on  the  sidewalks,  ac- 
companying this  procession,  on  intersecting  streets,  and  on  all 
the  avenues  centering  at  the  building,  came  thousands  and 
thousands  of  human  beings — men,  women,  and  children  ; — 
while  everywhere,  as  far  as  the  eye  could  reach,  were  boys, 
boys,  boys,  of  all  sizes  and  colors,  "  some  in  rags,  some  in  tags, 
and  some  in  velvet  gowns."  All  marching  toward  the  Capitol! 
To  return  to  the  Senate.  In  the  course  of  its  proceed- 
ings, one  of  the  Senators,  according  to  custom,  offered  a  reso- 
lution, which  was  unanimously  adopted,  tendering  thanks  to 
Vice-President  Colfax  for  the  manner  in  which,  during  four 
years,  he  had  discharged  his  duties  as  presiding  officer  of  the 
Senate.  As  this  resolution  was  read  by  the  Clerk,  a  feeling  of 
sadness  swept  over  us  all  at  the  thought  that  soon  the  terms  of 
many  of  the  Senators  would  expire,  and  that  we  would  have  to 
part  with  some  of  them — perhaps  forever. 

But  we  were  too  busy  to  stay  sad.      Another  resolution  was 


CLOSE   OF  A    CONGRESS.  107 

offered  and  adopted,  by  which  Senators  ConkHng  and  Trumbull 
were  appointed  a  committee  to  join  a  similar  committee  of  the 
House  to  wait  upon  the  President  of  the  United  States,  and  in- 
form him  that,  unless  he  had  some  further  communication  to 
make,  the  two  Houses  of  Congress,  having  finished  the  business 
before  them,  were  ready  to  adjourn.  Considerable  business  was 
done,  however,  after  the  appointment  of  the  committee.  Fi- 
nally it  returned,  and  Senator  Conkling  stated  that,  having 
called  upon  the  President,  the  committee  had  been  informed  b\- 
him  that  he  had  no  further  communication  to  make. 

After  the  lapse  of  a  few  minutes,  Vice-President  Colfax  arose, 
and,  stating  that  the  hour  had  arrived  for  the  dissolution  of  the 
Forty-second  Congress,  proceeded,  with  considerable  emotion, 
to  deliver  a  farewell  address  to  the  Senate.  During  the  delivery 
of  this  address,  the  hands  of  the  clock  reached  the  hour  of  twelve. 
Captain  Bassett  went  to  it  and,  mounting  a  ladder,  turned  back 
the  longer  hand  a  few  minutes.  This  was  a  harmless  trick  that 
I  have  often  since  seen  played,  the  minute-hand  being  some- 
times set  back  as  much  as  half  an  hour.  The  Senators  and  the 
Vice-President  always  look  innocently  some  other  wa}'  while  it 
is  being  done,  as  if  unconscious  of  the  act.  But  everyone  else 
smiles  at  this  subterfuge  to  gain  time,  and  I  think  the  Senators 
themselves  smile  inwardly. 

Continuing  his  speech  for  a  short  while,  the  Vice-President 
concluded  : 

"  But  the  clock  admonishes  me  that  the  Forty- second  Con- 
gress has  already  passed  with  history  ;  and  wishing  >'OU,  Sena- 
tors, useful  lives  for  your  country  and  happ)'  lives  for  yourselves, 
and  thanking  you  for  the  resolution  spread  on  your  Journal,  and 
invoking  the  favor  of  Him  who  holds  the  destinies  of  nations  and 
of  men  in  the  hollow  of  His  hand,  I  am  ready  to  administer  the 
oath  of  office  to  the  Vice-President-elect,  whom  I  now  intro- 
duce." 


IC8  AMONG    THE  LAW-MAKERS. 

Vice-President-elect  Wilson  at  once  came  forward,  amid  a 
burst  of  applause,  and  from  the  Secretary's  desk  made  a  brief 
address  ;  and  the  oath  of  office  was  administered  to  him  by  the 
retiring  Vice-President,  who  then,  in  a  firm  and  clear  voice,  said  : 

"  The  time  for  the  expiration  of  the  Forty-second  Congress 
having  arrived,  I  declare  the  Senate  of  the  United  States  ad- 
journed sine  die.''  * 

Whereupon  he  gave  a  sharp  knock  with  the  gavel  and  de- 
scended from  the  chair.  With  the  sound  of  the  gavel,  his  power 
as  Vice-President  of  the  United  States  vanished  into  air  ;  but 
before  the  echo  died  away,  Vice-President  Wilson  had  ascended 
the  steps  and  seized  the  gavel,  and,  dealing  the  desk  a  vigorous 
blow,  he  exclaimed  :   "  The  Senate  will  come  to  order  !  " 

And  the  instant  that  elapsed  between  the  two  descents  of 
that  little  piece  of  ivory,  marked  the  death  of  one  Congress  and 
the  birth  of  another  ! 

'  "  Without  day  "—that  is,  without  naming  a  definite  day  for  re-assembling.  Every 
Congress,  by  constitutional  limitation,  must  come  to  an  end  on  the  4th  of  March  ;  but 
these  words  are  used  upon  the  final  adjournment  of  every  session  of  either  body,  in 
which  case  it  is  understood  that  the  body  will  re-assemble  on  the  first  Monday  of  the 
following  December  unless  sooner  convened  by  proclamation  of  the  President.  The 
House,  for  instance,  did  not  meet  again  that  year  until  December.  The  Senate  im- 
mediately entered  on  a  special  session,  having  been  convened  by  a  proclamation  of  Presi- 
dent Grant. 


CHAPTER   XII. 

AN    INAUGURATION. 

Vice-President  Wilson,  having  taken  the  chair,  directed  the 
Secretary  to  read  the  proclamation  of  the  President  convening 
a  special  session  of  the  Senate.  As  you  may  wish  to  know 
what  the  proclamation  looked  like,  I  shall  give  it  here  in  full  : 

A    PROCLAMATION. 
Whereas  objects  of  interest  to  the  United  States  require  that  the  Sen- 
ate should  be  convened  at  twelve  o'clock  on  the  fourth  of  March  next,  to 
receive  and  act  upon  such  communications  as  may  be  made  to  it  on  the 
part  of  the  Executive  : 

Now,  therefore,  I,  Ulysses  S.  Grant,  President  of  the  United  States, 
have  considered  it  to  be  my  duty  to  issue  this,  my  proclamation,  declaring 
that  an  extraordinary  occasion  requires  the  Senate  of  the  United  States  to 
convene  for  the  transaction  of  business  at  the  Capitol,  in  the  city  of  Wash- 
ington, on  the  fourth  day  of  March  next,  at  twelve  o'clock  at  noon  on  that 
day,  of  which  all  who  shall  at  that  time  be  entitled  to  act  as  members  of 
that  body  are  hereby  required  to  take  notice. 

Given   under  my  hand  and  the  seal  of  the  United  States,  at  Washing- 
ton, the  twenty-first  day  of  February,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-three,  and  of  the  Independence  of  the  United 
States  of  America  the  ninety-seventh. 
[Great  seal  of  the  United  States.] 

By  the  President  :  U.  S.  Gran  r. 

H.AMii.TON  Fish, 

Secretary  of  State. 

The  Secretary  then  read  the  names  of  the  newly-elected  Sena- 
tors— eight  of  the  old  members  being  re-elected,  and  fifteen  of 


no  AMONG    THE  LAW-MAKERS. 

the  incomers  being  new  members.  As  their  names  were  called, 
those  who  were  present  advanced  to  the  Vice-President's  desk, 
where  the  oaths  of  office  were  administered  to  them.  After  the 
swearing-in,  the  roll  of  the  Senate  was  called,  and  it  appeared 
that  sixty-four  Senators  were  in  attendance. 

Here  the  arrival  of  the  President  of  the  United  States 
was  announced,  and,  escorted  by  Senators  Cragin,  Logan,  and 
Bayard,  of  the  Committee  on  Arrangements,  he  was  shown  to 
a  seat  immediately  in  front  of  the  Secretary's  desk,  the  mem- 
bers of  the  committee  being  seated  on  either  side.  His  Cabi- 
net followed  and  took  seats  near  by,  facing  the  Vice-President. 
As  this  party  entered,  scores  of  prominent  officials  and  guests 
swarmed  into  the  room.  The  House  of  Representatives  had  ad- 
journed sine  die  at  .twelve  o'clock.  The  members  of  that  House, 
and  many  of  those  elected  to  the  next,  added  to  the  throng,  the 
chairs  were  rapidly  filled,  and  many  persons  were  obliged  to  stand. 

A  procession  was  then  ordered  by  the  Vice-President  to 
form  as  follows : 

The  Marshal  of  the  Supreme  Court. 

Ex-Presidents  and  ex- Vice-Presidents. 

The  Supreme  Court  of  the  United  States. 

The  Sergeant-at-Arms  of  the  Senate. 

The  Committee  of  Arrangements. 

The  President  of  the  United  States,  the  President-elect.* 

The  Vice-President  and  the  Secretary  of  the  Senate. 

The  members  of  the  Senate. 

The  Diplomatic  Corps. 

Members  of  the  Cabinet  and  the  Solicitor-General. 

Ex-members  of  the  House  of  Representatives,  and  mem- 
bers-elect of  the  Forty-third  Congress. 

"  As  President  Grant  had  been  re-elected,  the  "  President  of  the  United  States  "  and 
the  "  President-elect  "were,  at  the  ceremony  which  I  am  describing,  one  and  the  same 
individual. 


AN  INAUGURATION.  Ill 

Governors  of  States. 

Officers  of  the  Army  and  Navy. 

Other  persons  admitted  to  the  floor  of  the  Senate  chamber 
and  to  the  reserved  seats  at  the  left  of  the  Diplomatic  Gallery. 

The  column  soon  began  to  move,  and  would  have  been 
truly  formidable  in  its  appearance — with  so  many  law-makers 
and  dignitaries  of  the  Government,  not  to  speak  of  the  sworded 
diplomats,  and  the  officers  of  the  Army  and  Navy — had  it  not 
been  fi)r  the  ladies  who  joined  it.  Their  presence,  in  gay 
creations  of  fashion,  and  their  laughter  and  talking,  utterly 
prevented  that  impressive  and  ferocious  effect  which  I  had 
hoped  to  see  produced,  and  to  increase  which  I  had  joined  the 
ranks,  enveloped  in  wrappings  that  completely  concealed  all  of 
me  except  my  two  eyes. 

Reaching  the  rotunda,  we  turned  to  the  left  and  proceeded 
to  the  platform  erected  over  the  east  and  central  steps  of  the 
Capitol.  And  there  before  our  view  was  the  mass  that  had 
been  congregating  during  the  morning — the  cannon  and  fire- 
engines,  horses,  flags,  and  banners,  jumbled  together,  in  grand 
confusion,  with  the  soldiers  and  citizens. 

Advancing  to  the  front  of  the  platform,  General  Grant,  with 
uncovered  head,  began  to  read  an  address.  I  do  not  suppose 
one  person  in  a  hundred  on  the  stand  heard  a  word  he  said.  I 
managed — Jioik.'  I  cannot  say — to  get  a  position  within  a  few 
feet  of  the  speaker,  and  yet  heard  ver\'  little  of  his  speech. 
What,  then,  could  have  interested  that  vast  concourse  assem- 
bled there,  braving  the  inclement  weather,  and  beyond  the 
sound  of  the  speaker's  voice  ?  Perched  in  the  trees  in  the  op- 
posite park,  like  squirrels  and  monke)'s,  were  the  boys —  "  the 
woods  were  full  of  them."  That  was  all  right,  for  I  would  have 
been  there  myself  had  I  not  been  on  the  grand  stand.  The 
actions  of  small  boys,  as  you  know,  do  not  require,  indeed 
do  not  permit  explanation  ;   they  are  sometimes  incomprehen- 


112  AMONG    THE   LAW- MAKERS. 

sible  even  to  the  boys  themselves.  I  could  understand  why 
the  soldiers  were  there,  because  they  had  probably  been 
ordered  to  be  there,  and  had  obeyed  the  demands  of  military 
duty.  The  cannon,  flags,  and  other  inanimate  and  irresponsi- 
ble things  were,  of  course,  not  to  be  criticised.  But  I  won- 
dered what  it  Avas  that  had  brought  out  so  many  old  and  young 
men — American  citizens — not  to  speak  of  the  women.  It  was 
a  bitter  cold  day,  the  piercing  wind  every  now  and  then  hurl- 
ing into  their  faces  clouds  of  dust.  Yet  there  they  had  stood 
patiently  waiting  for  hours,  regardless  of  the  cold,  each  wedged 
fast  in  the  surging,  suffocating  crowd,  treading  on  one  another's 
feet,  jostling  one  another's  elbows,  and  enduring  pain  generally. 
What  could  have  been  their  motive  ?  Surely  not  to  hear.  Was 
it  to  see — to  see  a  thousand  people,  as  miserably  cold  as  them- 
selves, stand,  motionless,  for  a  few  minutes  upon  a  board  plat- 
form, decorated  with  bunting,  while  another  man  moved  his 
lips  apparently  in  speech  ?  Yes,  we  have  guessed  it.  That 
was  what  it  actually  amounted  to.  But,  theoretically,  it  would 
be  stated  differently — it  was  to  see  a  fellow-countryman  form- 
ally assume  the  important  trust  of  President  of  the  United 
States.  It  was  mingled  curiosity  and  patriotism  on  the  part  of 
the  populace  ;  and,  on  the  part  of  General  Grant,  this  public 
ceremony  was  proper  as  an  acknowledgment  of  the  power  and 
supremacy  of  the  people  who  had  again  raised  him  to  that  ex- 
alted office. 

Concluding  his  address  with  expressions  of  gratitude  for 
the  honor  conferred  upon  him,  he  turned  to  the  Chief  Justice, 
Chase,  took  the  oath  prescribed  by  the  Constitution,*  and,  hav- 

*  The  constitutional  provision  is  as  follows  : 

"  Before  he  enters  on  the  execution  ofhis  office  he  shall  take  the  following  oath  or 
affirmation  : — 

"  '  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office  of  Presi- 
dent of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve,  protect,  and  de- 
fend the  Constitution  of  the  United  States.'  " 


AN   L\A  UGL'RA  IIUX.  I  I  3 

ing  kissed  tlie  open  Bible,  he  bowed  to  the  multitude.  It  was 
finished.  A  President  had  been  inaugurated  for  the  twent)-- 
second  time  in  the  history  of  the  Union.*  As  a  hundred 
thousand  throats  vociferated  their  cheers,  the  persons  on  the 
platform  dispersed,  the  Senate  returning  to  its  Chamber  to 
resume  the  session  so  strangely  interrupted.  The  military  and 
civic  procession  reorganized,  and,  receiving  into  its  line  the 
carriage  which  the  President  had  entered,  drawn  b)'  four  mouse- 
colored  horses,  it  resumed  its  march,  and,  amid  the  booming 
of  guns,  the  ringing  of  bells,  and  the  huzzas  of  the  people,  it  es- 
corted him  in  triumph  to  the  ILxecutive  Mansion — his  residence 
for  another  term  of  four  years,  as  the  Chief  Magistrate  of  the 
greatest  and  mightiest  Republic  in  the  world  ! 

^  This  second  inauguration  of  General  Grant  is  recorded  as  the  twenty-second,  reck- 
oned by  Presidential  terms  of  four  years.  He  was,  however,  the  eighteenth  President 
— Washington,  Jefferson,  Madison,  Monroe,  Jackson,  and  Lincoln,  each  having  been 
elected  to  a  second  term  ;  and  Tyler,  Fillmore,  and  Johnson,  succeeding,  as  Vice-Presi- 
dents, to  the  chair  made  vacant  by  the  death  of  Harrison,  Taylor,  and  Lincoln,  respec- 
tively.    President  Cleveland  is  thus  the  twenty-second  Executive  of  the  United  States. 


CHAPTER  XIII. 

A    LEAF    OF    HISTORY. 


Before  fairly  starting  on  tliis  narrative  we  took  occasion  to 
briefly  examine  the  theory  or  philosophy  of  government  in 
general  and  of  the  Government  of  the  United  States  in  particu- 
lar. We  have  now  reached  a  stage  where  we  may  well  pause 
to  consider,  with  more  careful  reference  to  facts,  and  even  at 
some  danger  of  repetition,  the  several  historic  steps  by  which 
our  present  Government  was  established. 

With  certain  details  you  are  familiar.  You  know  that  the 
Atlantic  coast  was  settled  by  Colonies,  bound  by  ties  of  allegi- 
ance to  the  British  Government  ;  that  taxes  were  levied  upon 
the  people  of  the  Colonies  without  their  consent,  and  that  other 
wrongs  were  inflicted  by  the  rulers  who  lived  across  the  ocean; 
that  the  people  had  no  voice  in  the  British  Legislature,  or  Par- 
liament, to  oppose  these  invasions  of  their  rights  ;  and  that, 
after  patience  and  petitions  and  prayers  had  proved  unavailing 
to  correct  these  abuses  and  secure  justice,  they  were  forced  to 
take  up  arms  and  fight  for  liberty  and  independence. 

Of  course,  every  young  patriot  knows  all  about  the  origin 
of  the  Declaration  of  Independence  ;  of  the  struggles  and  priva- 
tions endured,  the  obstacles  overcome,  by  our  forefathers  ;  of 
the  noble  zeal  of  the  statesmen  representing  the  people  in  the 
Continental  Congress;  of  the  achievements  of  our  battle-heroes 
both  on  land  and  on  sea.     From  Lexington  to  Yorktown,  you 


A    JAiAF    OF  JUSrURY.  115 

can  easily  follow  the  course  of  war.      Upon  these  matters  I  need 
not  dwell. 

If  we  go  into  history,  we  shall  find  that  the  first  American 
Congress  for  united  opposition  to  the  unjust  measures  of  tlic 
British  Government  met  at  New  York,  on  October  7,  1765, 
and  consisted  of  committees  from  nine  of  the  Colonies.  The 
Stamp  Act  and  other  grievances  were  warmly  discussed,  but 
that  it  was  not  a  rebellious  or  traitorous  assembly  is  evident 
from  the  stated  object  of  the  meeting  : 

To  consult  together  on  the  present  circumstances  of  the  colonies,  and 
the  difficulties  to  which  they  are,  and  must  be,  reduced  by  the  operation 
of  the  acts  of  Parliament  from  levying  duties  and  taxes  on  the  colonies  ; 
and  to  consider  of  a  general  and  united,  dutiful,  loyal,  and  humble  repre- 
sentation of  their  condition  to  his  Majesty,  and  the  Parliament,  and  to  im- 
plore relief. 

The  odious  Stainp  Act  was  repealed  :  but,  other  grievances 
continuing,  a  second  Congress  met  in  Philadelphia,  September 
5,  1774.  ii'i  the  proceedings  of  which  delegates  from  twelve  of 
the  Colonies  participated.  This  Congress  adjourned  on  Oc- 
tober 25th  of  that  }'ear,  but,  before  doing  so,  declared  that 
another  Congress  should  be  held  May  10,  1775,  "  unless  the 
redress  of  grievances  which  wc  have  desired  be  obtained  before 
that  time." 

The  efforts  of  the  king  to  prevent  another  Congress  are 
historic  facts.  It  is  also  a  recorded  fact  that,  despite  the  royal 
prohibition,  the  representatives  of  the  people  did  meet  again 
and  at  the  exact  date  designated.  This  assembly  was  the  great 
'*  Continental  Congress  "  which  immortalized  itself  by  the  Dec- 
laration of  Independence,  issued  July  4,  1776.  It  convened 
in  Philadelphia  and  continued  in  session  until  1781.  Changes 
in  the  delegates  of  the  various  Colonies  occurred  during  that 
time,  by  reason  of  deaths  and  from  other  causes,  but  it  was  not 


Il6  AMONG    THE  LAW-MAKERS. 

until  the  Confederation  was  formed  that  annual  elections  to  its 
membership  were  had. 

It  should  be  remembered  that,  up  to  this  time,  the  peo- 
ple had,  as  loyal  subjects,  been  remonstrating  with  the  British 
Government.  They  now  determined  to  beg  no  more,  but  to 
assert  their  natural  rights  as  vieii  and  sever  the  bonds  of  po- 
litical allegiance  altogether.  While  the  Declaration  of  Inde- 
pendence was  under  consideration  in  Congress,  but  before  final 
action  upon  it,  a  resolution  was  passed  which  clearly  shows  the 
bent  of  the  public  mind.  The  resolution  bears  date  June  ii, 
1776,  and  is  as  follows  : 

Resolved,  That  a  committee  be  appointed  to  prepare  and  digest  the 
form  of  a  confederation  to  be  entered  into  between  these  colonies. 

The  committee  performed  the  labors  assigned  to  it,  and  on 
November  15,  1777,  "  Articles  of  Confederation  and  Perpetual 
Union  "  were  approved  by  Congress  and  submitted  to  the  Colo- 
nies for  their  adoption.  Those  Articles,  as  agreed  to  by  the 
Colonies  and  signed  by  their  authorized  delegates,  are  dated 
July  9,  1778,  but  they  were  not  adopted  by  all  until  March  i, 
1 78 1.  On  the  following  day,  March  2,  1781,  the  first  Congress 
under  the  new  arrangement  convened. 

This  Confederacy,  so  entered  into,  was  given  the  name  of 
"  The  United  States  of  America,"  but  the  States  comprising  it 
were  like  so  many  nations.      They  did  nothing  more  than — 

Enter  into  a  firm  league  of  friendship  with  each  other  for  their  com- 
mon defence,  the  security  of  their  liberties,  and  their  mutual  and  general 
welfare  ;  binding  themselves  to  assist  each  other  against  all  force  offered 
to,  or  attacks  made  upon  them,  or  any  of  them,  on  account  of  religion, 
sovereignty,  trade,  or  any  other  pretence  whatever. 

And,  in  order  that  there  should  be  no  misunderstanding, 
they  prefaced  this  statement  Avith  the  following  : 


A   LEAF    OF  HISTORY.  11/ 

Each  State  retains  its  sovereignty,  freedom,  and  independence,  and 
every  power,  jurisdiction,  and  right,  which  is  not  by  this  confederation  ex- 
pressly delegated  to  the  United  States  in  Congress  assembled. 

This  announcement  sounds  like  mockery.  For  what  "  pow- 
ers," what  "jurisdictions,"  what  "rights"  did  the  Articles 
delegate  ?  Absolutely  none  !  The  only  tribunal  provided  for 
was  a  Congress  (known  to  us  by  various  names,  but  chiefly  as 
the  "  General  Congress  "  or  "  Congress  of  the  Confederation  "  ), 
consisting  of  one  House,  in  which  each  State  was  entitled  to  be 
represented  by  not  less  than  two  nor  more  than  seven  dele- 
gates, with  the  right,  however,  of  but  one  vote  in  the  deter- 
mination of  questions  presented  for  the  action  of  the  body. 
There  was  no  executive,  no  judiciary,  in  short  no  actual  power 
anywhere  in  this  queer  contrivance  which  some  folk  called  a 
"general  goveriiuicut."  And,  to  complete  its  oddity,  the 
functions  given  to  Congress  itself  were  so  feeble  as  to  render 
that  institution  of  no  value  whatever.  It  could  give  its  "  con- 
sent "  to  certain  measures  which  might  be  proposed  by  the 
States,  it  could  do  other  things  only  with  the  "  consent"  of 
the  States  (or  of  not  less  than  nine  of  the  thirteen),  and  it  could 
deliver  its  opinion  as  a  referee  in  disputes  between  States. 

But  power  to  enforce  such  measures  or  decisions,  the  Arti- 
cles did  not  confer,  and,  therefore,  the  General  Congress  did 
not  possess.*  The  delegates  could  talk  upon  a  question,  and 
give  their  views  as  to  what  ought  to  be  done,  but  when  it  came 
to  carrying  out  those  views,  they  were  about  as  useful  and  as 
helpless  as  the  members  of  a  debating  club,  who  shout  and 
screech  for  hours  upon  some  great  question  of  human  liberty 
and   happiness,  after  which  they  take   a  vote  out   of  pure  curi- 

'  The  legislative  form  used  by  the  Old  Congress  was  that  of  an  Ordiiumce,  begin- 
ning. "  Be  it  ordained  by  the  United  States  in  Confess  assembled."  The  most  famous 
of  its  ordinances  is  the  "  Ordinance  of  1787,"  for  the  Government  of  the  Northwest 
Ttrritory. 


Il8  AMONG    THE  LAW-MAKERS. 

osity  and  to  while  away  further  time,  and  then  adjourn.  Con- 
gress could  give  advice  ;  but  the  States  were  at  liberty  either 
to  observe,  or,  if  they  chose,  to  disregard  and  sneer  at  the  sug- 
gestions offered — and  whenever  it  involved  payment  of  money 
out  of  their  pockets,  they  sometimes  were  inclined  to  sneer.* 

Their  feelings  were  those  of  human  nature.  The  people  of 
each  State  had  declared  themselves  free  and  independent;  they 
had  had  enough  of  fealty  to  a  superior  power  ;  they  resolved 
to  be  their  own  sovereigns  and  govern  themselves.  It  was, 
therefore,  but  natural  that  they  should  have  been  disincHned  to 
create  a  General  Government,  armed  with  wealth  and  power, 
that  might  also  be  made  to  wield  some  day  the  sceptre  of  tyr- 
anny and  oppression  and  crush  out  the  independence  of  the 
States  and  the  lives  and  liberties  of  the  people.  They  had 
writhed  under  the  lash  of  a  "  king  " — they  did  not  wish  to  es- 
tablish a  "system"  that  might  eventually  become  a  worse  des- 
potism than  that  which  they  had  escaped. 

A  harmless  and  worthless  arrangement,  however,  was  this 
Alliance,  and  the  upshot  of  the  whole  matter  was,  that  Con- 
gress advised  that  a  convention  of  delegates,  to  be  appointed 
by  the  States,  should  be  held  at  Philadelphia  on  May  14,  1787, 
to  suggest  some  "  remedy"  (to  quote  the  words  of  the  resolu- 
tion) for  the  "  defects  "  ;  and  the  representatives  were  accord- 
ingly chosen,  and  assembled  on  the  25th — eleven  days  later 
than  the  time  fixed. 

The  province  of  these  delegates  was  merely  to  revise  the  Ar- 
ticles of  Confederation,  and  report  to  Congress  and  the  various 
State  legislatures  their  opinions.  But  after  a  brief  deliberation 
they  came  to  the  conclusion  that  it  would  be  better  to  construct 

"  As  evidence  of  this  fact,  it  may  be  noted  that  $300,000,000  of  paper  money,  is- 
sued by  the  Continental  Congress,  upon  the  credit  of  the  States,  for  carrying  on  the 
war,  and  which  the  people,  under  penalty  of  being  declared  "  traitors,"  were  com- 
pelled to  take  as  the  equivalent  of  gold  and  silver,  were  practically  repudiated  by  the 
States  and  allowed  to  "  die  in  the  hands  of  their  possessors." 


Washingrton  on  the  Way  to  His  Inauguration. 


A    LEAF    OF  HISTORY.  1 19 

an  entirely  new  contrivance,  vested  with  complete  powers.  In 
other  words,  they  resolved,  on  May  29th  :  "That  a  national 
govcnuncnt  ought  to  be  established,  consisting  of  a  supreme 
legislative,  executive,  and  judiciary." 

With  that  in  view,  they  began  their  work,  and — though 
many  of  them  still  feared  they  were  jeopardizing  their  liberties 
in  the  undertaking — steadily  kept  at  it  until  finished.  It  was  a 
memorable  event — that  gathering  of  free  and  independent 
States,  quietly  arranging  to  merge  their  own  sovereign  rights 
into  one  mighty  authority,  protective,  general,  central,  and  su- 
preme— the  grandest  spectacle,  as  has  been  said,  recorded  in 
the  history  of  the  world  ! 

Washington  was  selected  to  preside  over  this  great  Consti- 
tutional Convention.  Finally,  and  upon  September  17,  1787, 
after  a  consultation  of  four  months,  it  forwarded  its  report,  and 
presented  to  the  Congress  of  the  Confederation  the  form  of  "  a 
more  perfect  Union  "  and  Government  for  that  Union.  This 
was  the  Constitution.^  and  it  was  speedily  transmitted  hy  Con- 
gress to  the  various  State  legislatures,  "  in  order  to  be  submitted 
to  a  convention  of  delegates  chosen  in  each  State  by  the  peo- 
ple thereof." 

It  is  needless  here  to  speak  of  the  ordeal  of  criticism  that 
it  underwent  in  the  State  conventions.  Eleven  of  the  thirteen 
States  having  given  their  assent,  in  the  mode  of  formal  ratifica- 
tions,* the  new  Union  and  Government  came  into  existence  and 
the  First  Constitutional  Congress  of  the  United  States  assem- 
bled in  the  City  of  New  York  on  March  4,  1789,  pursuant  to  a 
resolution  of  the  Old  Co)igress  of  the  Confederation. + 

"  The  remaining  States  (North  Carolina  and  Rhode  Island)  added  theirs  later  on. 

t  This  resolution  was  jsassed  on  September  13,  1788,  and  provided  "that  the  first 
Wednesday  in  March  next  be  the  time,  and  the  present  seat  of  Congress  the  place,  for 
commencing  proceedings  under  the  said  Constitution."  As  the  Government  did  not 
really  get  started  until  April  30th,  it  has  been  proposed  that  the  Constitution  be  amend- 
ed, so  that  Congresses  and  Administrations  shall  begin  on  that  date  instead  of  on 
M:irch  4th. 


120  AMOA'G    THE  LAW-MAKERS. 

I  say  that  the  First  Congress  "  assembled  "  on  that  day. 
As  a  matter  of  fact  merely  a  few  members  -  ppeared.  Only 
eight  Senators  and  but  eighteen  Representatives  were  on  hand 
— not  enough,  in  either  House,  to  transact  business.  It  was 
more  difficult  to  obtain  the  attendance  of  the  absentees — espe- 
cially the  Senators — than  it  is  nowadays  to  get  them  to  the 
Capitol  on  a  wintry  night.  However,  the  House,  on  April  1st, 
and  the  Senate  on  the  6th,  secured  a  quorum,  and  both  imme- 
diately met  in  joint  convention  (on  the  day  last  named)  and 
counted  the  electoral  votes  previously  cast  for  President  and 
Vice-President.  This  performance  resulted  in  declaring  George 
Washington  and  John  Adams  duly  elected  to  the  respective 
offices  for  the  first  term  ;  and  special  messengers,  appointed  by 
the  Senate,  were  promptly  despatched  to  convey  the  formal 
notifications  of  election.  On  the  2ist  of  April,  Mr.  Adams 
was,' with  proper  courtesies,  received  by  the  Senate  and  "in- 
troduced to  the  Chair  ;  "  and  on  the  30th,  General  Washington, 
whose  journey  to  New  York  from  his  beautiful  country-seat  on 
the  banks  of  the  Potomac  had  been  one  grand  continuous  ova- 
tion, was  inaugurated  as  President  of  the  Union. 

Congress  then  met  in  a  building  on  Wall  Street.  The  site 
is  now  occupied  by  one  of  the  sub-treasuries  of  the  Government. 
Upon  its  entrance-steps  a  statue  of  heroic  size  perpetuates  in 
bronze  the  memory  of  that  day.  The  statue  is  of  Washington 
— the  stone  upon  which  it  stands  is  that  on  which  he  stood  one 
hundred  years  ago  and  took  the  oath. 


CHAPTER    XIV. 

ARMS     AND    INSIGNIA. 

Having  tlius  inducted  into  office  the  President  of  the  Repub- 
lic, our  first  law-makers  patriotically  began  at  once  to  organize 
and  equip  the  various  branches  of  the  governmental  service,  and 
otherwise  meet  the  intentions  and  requirements  of  the  Constitu- 
tion. 

The  first  measure  that  became  a  law  bears  date  June  i ,  1789, 
and  provides  for  the  swearing-in  of  Congressmen  and  divers 
Federal  and  State  officials.  Obviously,  the  next  thing  in  order 
was  to  arrange  for  defraying  the  expenses  of  the  new  Govern- 
ment. To  promptly  answer  this  necessity,  Congress  adopted 
the  simplest  and  readiest  method  that  presented  itself.  We, 
therefore,  find  that  the  second  piece  of  legislation  was  a  tariff 
act,  levying  duties  on  imports  ;  and  that  the  third  was  also  a 
revenue  law  imposing  what  are  known  as  "  tonnage  duties"  on 
merchant  ships.  Then  followed  various  enactments,  establishing 
certain  executive  departments,  and  furnishing  them  with  clerks 
and  other  assistants.  They  also  passed  the  important  "  Judici- 
ary Act,"  which  created  a  system  of  Federal  courts,  thus  or- 
ganizing the  third  coordinate  department  of  the  Government, 
and  putting  into  operation  the  mighty  machinery  of  national 
law  and  justice.  And  thereupon,  after  the  passage  of  several 
bills,  fixing  the  compensation  of  public  officers  (of  course,  not 
neglecting  their  own),  drafting  and  submitting  to  the  States  a 
series  of  Amendments  to  the  Constitution,  and  attending  to  some 
odds  and  ends  of  business,  the  law-makers  of  the  First  Con- 


122  AMONG    THE  LAW-MAKERS. 

gress  brought  their  first  session  to  a  close,  and,  on  September 
29,  1789,  adjourned  to  meet  again  on  January  4,  1790. 

Their  action  in  one  other  respect  should  be  noticed.  It  was 
eminently  fitting  that  the  work  of  Omnipotence,  in  bringing  the 
people  of  the  country  through  their  many  perils  safe  in  harmony 
and  union  and  under  the  shelter  of  a  Federal  Government,  should 
have  been  acknowledged.  It  is  also  but  proper  that  the  people 
should  still  return  their  thanks  for  the  many  blessings  which  He 
continues  to  bestow  upon  them  both  as  individuals  and  as  a  na- 
tion. The  ceremony  of  offering  thanks  to  God  for  bountiful 
harvests  and  other  favors  enjoyed  by  man  was  observed  long 
before  the  framing  of  the  Constitution.  The  Pilgrim  Fathers 
set  the  example  to  us  ;  but,  although  occasionally  observed  by 
our  Government  in  the  past,  it  dates,  as  an  established  custom, 
only  from  the  time  of  Lincoln,  the  day  being  designated  by 
annual  proclamations  of  the  President.*  That  of  President 
Washington  (which  recites  the  action  of  the  First  Congress)  is 
especially  instructive.      I  give  it  as  originally  published  : 

A   PROCLAMATION   BY   THE   PRESIDENT   OF   THE   UNITED 
STATES    OF   AMERICA. 

Whereas  it  is  the  Duty  of  all  Nations  to  acknowledge  the  Providence  of 
Almighty  GoD,  to  obey  his  Will,  to  be  grateful  for  his  Benefits,  and 
humbly  to  implore  his  Protection  and  Favor :  And  whereas  both 
Houses  of  Congress  have,  by  their  Joint  Committee,  requested  me 
"  To  recommend  to  the  People  of  the  United  States  a  Day  of  public 
"  Thanksgiving  and  Prayer,  to  be  observed  by  acknowledging  with 
"  grateful  Hearts  the  many  and  signal  Favors  of  Almighty  GOD,  es- 
"  pecially  by  affording  them  an  Opportunity  peaceably  to  establish  a 
"  Form  of  Government  for  their  Safety  and  Happiness  :  " 
Now,  THEREFORE,  I  do  recommend  and  assign  Thursday,  the  Twenty- 
sixth  Day  of  November  next,  to  be  devoted  by  the  People  of  these  States 

"The  Governors  of  States  generally  follow  the  lead  of  the  President  in  this  matter, 
and  the  proclamations  arc  published  in  the  leading  journals  of  the  country.  The  last 
Thursday  of  November  is  the  favored  day. 


ARMS  AAI)   LVS/GN/A.  I  23 

to  the  Service  of  that  great  and  glorious  Being,  who  is  the  bencticent  Author 
of  all  the  good  that  was,  that  is,  or  that  will  be  :  That  we  may  then  all 
unite  in  rendering  unto  him  our  sincere  and  humble  Thanks  for  his  kind 
Care  and  Protection  of  the  People  of  this  Country  previous  to  their  becom- 
ing a  Nation  ;  for  the  signal  and  manifold  Mercies  and  the  favorable  Inter- 
positions of  his  Providence  in  the  Course  and  Conclusion  of  the  late  War  ; 
for  the  great  Degree  of  Tranquillity,  Union,  and  Plenty  which  we  have 
since  enjoyed  ;  for  the  peaceable  and  rational  Manner  in  which  we  have 
been  enabled  to  establish  Constitutions  of  Government  for  our  Safety  and 
Happiness,  and  particularly  the  National  one  now  lately  instituted  ;  for 
the  civil  and  religious  Liberty  with  which  we  are  blessed,  and  the  Means  we 
have  of  acquiring  and  diffusing  useful  knowledge  ;  and,  in  general,  for  all 
the  great  and  various  P'avors  which  he  hath  been  pleased  to  confer  upon  us. 

And,  also,  That  we  may  then  unite  in  most  humbly  offering  our  Prayers 
and  Supplications  to  the  great  Lord  and  Ruler  of  Nations,  and  beseech 
him  to  pardon  our  national  and  other  Transgressions  ;  to  enable  us  all, 
whether  in  public  or  private  Stations,  to  perform  our  several  and  rela- 
tive Duties  properly  and  punctually  ;  to  render  our  national  Government 
a  Blessing  to  all  the  People,  by  constantly  being  a  Government  of  wise, 
just,  and  constitutional  laws,  discreetly  and  faithfully  executed  and 
obeyed  ;  to  protect  and  guide  all  Sovereigns  and  Nations,  (especially 
such  as  have  shewn  kindness  unto  us,)  and  to  bless  them  with  good  Gov- 
ernment, Peace,  and  Concord  ;  to  promote  the  Knowledge  and  Practice 
of  true  Religion  and  Virtue,  and  the  Encrease  of  Science  among  them 
and  us  ;  and,  generally,  to  grant  unto  all  Mankind  such  a  Degree  of  tem- 
poral Prosperity  as  he  alone  knows  to  be  best. 

Given  under  my  Hand,  at  the  City  of  New  York,  the  third  Day  of  Oc- 
tober, in  the  Year  of  our  Lord  One  Thousand  Seven  Hundred  and  Eighty- 
nine.  G.  WASHINGTON. 

Durin^j  their  second  and  third  sessions,  the  members  of  the 
First  Congress  estabUshed  the  permanent  seat  of  Government 
at  the  city  of  Washington,  in  the  District  of  Columbia  ;  ""  at- 
tended to  banking  and  currency  questions  ;  arranged  for  the 

■*  The  struggle  over  this  question  had  been  started  some  years  before,  under  the 
Confederation,  and  was  fiercely  continued  by  the  First  Congress,  members  from  vari- 
ous sections  contending  for  different  localities.  The  present  location  was  agreed  upon 
as  a  "  compromise,"  but  actual  possession  of  it  by  the  departments  of  Government  was 
not  taken  until  the  autumn  of  1800. 


124  AMONG    THE  LAW-MAKERS. 

payment  of  the  public  debt  incurred  prior  to  the  new  form  of 
Government  in  maintaining  the  interests  of  the  people  ;  and 
supplied  other  wants  of  the  nation.  Their  labors  have  been 
continued  by  subsequent  Congresses,  so  that  now  the  Federal 
Government  is  a  marvellous  contrivance  of  thoroughness  and 
order. 

This  great  system,  you  will  remember,  is  not  the  work  of  a 
day.  The  three  powers  of  Government  were  furnished  by  the 
Constitution  ;  yet  to  provide  for  the  wielding  of  those  powers 
has  demanded  a  century  of  legislation.  But,  however  other- 
wise complete  or  incomplete  in  the  organization  of  its  Govern- 
ment and  its  ability  to  transact  business  as  a  nation,  it  would 
have  been  humiliating  indeed  if  the  Republic,  in  its  early  days, 
had  been  too  poor  to  display  a  Great  Seal  to  give  authenticity 
to  its  official  acts  and  records,  or  to  flourish  a  flag  as  evidence  of 
national  sovereignty  !  The  old  Revolutionary  forefathers  un- 
derstood the  proprieties,  as  well  as  the  eternal  fitness  of  things  ; 
and  it  is  a  curious  fact,  as  indicating  the  importance  attached 
to  a  seal,'  that  this  matter  was  considered  by  the  Continental 
Congress  on  the  very  day  on  which  the  Declaration  of  Indepen- 
dence was  read,  and  the  separate  existence  of  the  States  pro- 
claimed to  the  world.  After  the  signing  of  the  Declaration,  on 
July  4,  1776,  and  before  the  adjournment  for  the  day,  a  com- 
mittee was  appointed — consisting  of  Benjamin  Franklin,  John 
Adams,  and  Thomas  Jefferson— "  to  prepare  a  device  for  a  seal 
for  the  United  States  of  America."  The  committee  made  a 
report  within  a  few  weeks,  but  no  decisive  action  was  taken  for 
six  years.  On  June  20,  1782,  the  Congress  of  the  Confedera- 
tion adopted  the  following  "  device  for  an  armorial  achieve- 
ment and  reverse  of  the  Great  Seal  for  the  United  States  in 
Congress  assembled  :  " 

Arms  :  Paleways  of  thirteen  pieces,  argent  and  gules  ;  a  chief,  azure  ; 
the  escutcheon    on  the  breast  of  the   American   eagle  displayed   proper, 


ARMS  AND  JNSJGNIA.  1 25 

holding  in  his  dexter  talon  an  olive  branch,  and  in  his  sinister  a  bundle  of 
thirteen  arrows,  all  proper,  and  in  his  beak  a  scroll  inscribed  with  this 
motto,  "  E pluribus  Unum." 

For  the  Crest  :  Over  the  head  of  the  eagle,  which  appears  above  the 
escutcheon,  a  glory,  or,  breaking  through  a  cloud,  proper,  and  surround- 
ing thirteen  stars,  forming  a  constellation,  argent,  on  an  azure  field. 

Reverse:  A  pyramid  unfinished.  In  the  zenith,  an  eye  in  a  tri- 
angle, surrounded  with  glory,  proper.  Over  the  eye,  these  words  :  '■'An- 
nuit  ca'ptis.'"  On  the  base  of  the  pyramid,  the  numerical  letters, 
''  MDCCLXXVI."  And  underneath,  the  following  motto  :  ''  Novus  ordo 
sfcloruiii."* 

This  device  was  used  by  the  old  General  Congress  ;  and  by  a 
statute  of  the  First  Congress  under  the  Constitution  (Septem- 
ber 15,  1789),  it  was  adopted  as  the  Great  Seal  of  the  United 
States,  to  be  kept  by  the  Secretary  of  State,  and  affixed  by  him 
to  proclamations  and  other  executive  instruments  and  acts. 

The  subject  of  a  flag,  or  standard,  was  also  considered  in  the 
Continental  Congress;  and,  on  June  14,  1777,  this  resolution 
was  passed  : 

Resolved,  That  the  flag  of  the  thirteen  United  States  be  thirteen  stripes, 
alternate  red  and  white  ;  that  the  union  be  thirteen  stars,  white,  in  a  blue 
field,  representing  a  new  constellation. 

The  admission  into  the  Union,  after  the  establishment  of 
the  present  Government,  of  Vermont  and  Kentucky  as  new 
States,  caused  the  number  of  stars  and  stripes  to  be  increased 
to  fifteen  each  ;  and  the  subsequent  addition  of  five  other 
States  led  to  the  following  enactment,  which  is  yet  in  force,  ap- 
proved on  April  4,  181 8: 

'  The  eagle  and  arrows  are  familiar  to  all  school-boys.  The  "  reverse,"'  or  unfinished 
pyramid,  is  seldom  if  ever  used.  The  motto  "  E  pluribus  U/tum" — one  composed  of 
many— refers  to  the  formation  of  the  Union  of  States.  The  mottoes  on  the  reverse, 
'■•Amtitit  carptis"  and  "  Novus  ordo  seclorum"  mean,  respectively,  "Heaven  favors 
the  undertaking  "  and  "A  new  scries  of  asjes." 


126  AMONG    THE   LAW-MAKERS. 

An  Act  to  establish  the  flag  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  fourth  day 
of  July  next,  the  flag  of  the  United  States  be  thirteen  horizontal  stripes, 
alternate  red  and  white  :  that  the  union  be  twenty  stars,  white  in  a  blue 
field. 

Sec.  2.  And  be  it  further  enacted.  That  on  the  admission  of  every  new 
State  into  the  Union,  one  star  be  added  to  the  union  of  the  flag  ;  and  that 
such  addition  shall  take  effect  on  the  fourth  day  of  July  then  next  suc- 
ceeding such  admission. 


Our  Flag  in   1776  and  i885. 

Whenever,  therefore,  an  American  sees  this  glorious  ensign 
of  his  country,  the  stripes  recall  to  kis  mind  the  birth  of  the 
Republic,  with  the  events  that  surrounded  it ;  the  stars  suggest 
its  wonderful  development  in  size,  in  resources,  and  in  power  ; 
and,  in  homage  to  the  national  grandeur  and  protective  author- 
ity which  it  represents,  wherever  the  wandering  patriot  beholds 
it — whether  in  mid-ocean  floating  at  the  head  of  a  passing  ship, 
or  waved  aloft  in  the  streets  of  foreign  lands — he  lifts  his  hat 
and  greets  it  with  the  cheers  of  filial  love  and  pride  ! 


cnAi'Ti-:R  XV. 

OVER    THE    RECESS. 

Let  US  now  revert  to  the  events  following  the  inauguration 
of  1873.  Returning  to  our  Chamber,  the  Vice-President  re- 
sumed the  chair  at  12.47  o'clock,  the  ceremonies  on  the  portico 
having  occupied  not  half  an  hour.  After  the  passage  of  the 
usual  resolutions,  fixing  the  hour  of  daily  meeting  and  pro- 
\'iding  for  the  notification  of  the  President  that  the  Senate  had 
convened  in  obedience  to  his  proclamation,  the  Senate  ad- 
journed to  the  following  Thursday. 

This  special  session  of  the  Senate  was  called  b\-  the  Presi- 
dent, principally,  if  not  wholly,  to  have  that  body  act  upon  his 
nominations  of  men  to  office.  The  session  being  purely  for  the 
transaction  of  executive  business,  no  legislation  was  permissible. 
There  was  no  House  of  Representatives,  and  would  be  none 
until  the  following  December,  unless  an  extraordinar\'  occasion 
should  in  the  meantime.arise  requiring  the  exercise  of  its  power. 

After  appointing  its  committees  for  the  session,  and  attend- 
ing to  the  business  submitted  by  the  President,  the  Senate,  on 
the  twenty-sixth  day  of  March,  with  the  usual  formalities,  ad- 
journed sine  die,  to  meet  again,  however,  on  the  first  da\'  in 
December,  unless  called  together  again  by  the  President  before 
that  time. 

But  before  adjourning,  it  took  the  precaution  to  appoint 
Senator  Carpenter  President  of  the  Senate /»;-<'  tempore.'-'     This 

'  "  For  the  time  being." 


128  ,  AMONG    THE  LAW-MAKERS. 

position  of  President /n^  tempore  was,  under  then  existing  law, 
a  very  important  one.  If  the  President  of  the  United  States 
had  died,  resigned,  been  removed,  or  had  become  incapable  of 
performing  the  duties  of  his  office,  they  would  have  devolved 
upon  the  Vice-President,  and  the  President  of  the  Senate  pro 
tempore  would  have  become  the  Acting  Vice-President  of  the 
United  States  ;  and,  in  the  event  of  the  death  or  disability  of 
both  the  President  and  Vice-President,  the  President  of  the 
Senate/;'^  tempore  would  have  acted  as  President  of  the  United 
States  until  the  removal  of  the  disability  or  the  election  of  an- 
other President  in  accordance  with  the  statute  upon  the  subject. 
In  Great  Britain  and  many  other  nations  of  the  world  the  succes- 
sion to  the  throne  depends  upon  blood  relationship.  Those  na- 
tions are  therefore  not  likely  ever  to  be  without  persons  to  act 
as  rulers.  Our  line  of  succession,  however,  was,  until  recently, 
very  short — after  the  President  of  the  Senate  pro  tevipore  came 
the  Speaker  of  the  House,  and  beyond  tliat  no  provision  had 
been  made  by  Congress  under  the  authority  conferred  upon  it 
by  the  Constitution.  But  at  the  time  of  which  I  write,  there 
was  no  House,  and  consequently  no  Speaker  ;  so,  if  the  Presi- 
dent and  Vice-President  as  well  as  the  President  of  the  Senate 
pro  tempore  had  died,  after  the  adjournment  of  that  special  ses- 
sion, the  Government  would  have  had  no  head. 

Such  a  state  of  affairs  would  have  been,  to  say  the  least, 
very  inconvenient.  And  we  were  not  long  ago  on  the  brink  of 
just  such  a  condition  of  things.  When  President  Garfield  died 
there  was  no  Speaker  of  the  House,  and  the  Senate  had  care- 
lessly adjourned  without  choosing  a  President  pro  tempore. 
Providentially,  Vice-President  Arthur  was  alive,  and  he  as- 
sumed the  office  of  President.  Had  anything  happened  to  him, 
there  might  have  been  confusion.  Realizing  the  danger,  how- 
ever, he  issued  a  proclamation  convening  the  Senate  in  special 
session,  a  President  pro   tempore  was  chosen,  and   the  embar- 


OVER    THE   RECESS.  1 29 

rassmcnt  was  thus  removed.  Nevertheless,  so  alarmed  were 
many  people  about  the  matter  that,  when  Congress  met  in 
regular  session  in  the  December  following,  it  was  asked  to  pass 
a  law  creating  a  longer  line  of  succession,  in  order  to  guard 
against  such  an  emergency  again  arising.  You  would  naturally 
suppose  from  the  anxiety  that  prevailed,  that  Congress  made 
such  a  law  at  once.  But  it  did  not.  On  the  contrary,  it  al- 
lowed the  Republic  to  be  menaced  anew  ;  and  less  than  a  }-ear 
ago,"  upon  the  death  of  Vice-President  Hendricks,  the  same 
condition  of  affairs  was  repeated.  Once  again,  upon  the  as- 
sembling of  Congress,  the  people  demanded  that  a  proper  law 
be  enacted  ;  and  this  time  the  demand  was  not  ignored.  The 
Senate  promptly  passed  a  bill  establishing  a  difterent  and  longer 
line  of  succession  ;  the  House  (for  a  wonder  !)  acted  upon  the 
measure  without  delay  ;  and  the  President  gave  it  his  approval 
on  the  19th  of  January,  1886. 

This  new  law  (repealing  the  old  enactment  of  March  i,  1792) 
legislates  the  President  pro  tempore  of  the  Senate  and  the 
Speaker  of  the  House  out  of  the  line  of  succession,  and  substi- 
tutes, in  their  stead,  as  possible  successors  to  the  office  of  Pres- 
ident, the  members  of  the  Cabinet,  in  stated  order.  That  is, 
after  the  Vice-President  comes  the  Secretary  of  State,  then 
comes  the  Secretary  of  the  Treasury,  next  follows  the  Secre- 
tary of  War,  then  the  Attorney-General,  then  the  Postmaster- 
General,  then  the  Secretary  of  the  Navy,  and  the  Secretary 
of  the  Interior  brings  up  the  rear.  The  law,  therefore,  in- 
creases the  dignity  and  importance  of  Cabinet  officers,  but 
applies  only  to  such  as  shall  have  been  appointed  b)-  and  with 
the  advice  and  consent  of  the  Senate,  and  such  as  are  eligible 
to  the  office  of  President  under  the  Constitution,  and  not  under 
impeachment  by  the  House  of  Representatives  at  the  time  of 
succession.      Tt  also  repeals  the  statutory  provision  in  regard  to 

'  November,  1885. 
9 


I30  AMOA'G    J  HE  LAIV-MAKERS. 

a  new  election  of  President  and  Vice-President  by  the  Electoral 
College,  but  requires  that  Congress  (if  not  then  in  session,  or 
if  it  would  not  meet  in  regular  session  within  twenty  days)  shall 
be  convened  in  extraordinary  session  by  proclamation  of  the 
Cabinet  officer  upon  whom  the  powers  and  duties  of  the  office 
of  President  shall  so  devolve. 

To  resume.  The  Senate  remained  in  session  long  enough 
for  us  to  become  acquainted  with  the  new  Senators,  and  then 
we  separated.  During  that  long  vacation  of  eight  months,  we 
pages,  like  the  Senators,  scattered  ourselves  over  the  entire 
country  from  California  to  Maine.  We  indulged  in  the  ordi- 
nary juvenile  delights  ;  but,  although  we  had  a  grand  time,  we 
were  only  too  happy  when  the  first  of  December  came  around 
and  both  Houses  again  convened. 

There  was  nothing  remarkable  about  the  proceedings  of  the 
Senate  on  this  opening  day,  so  I  went  over  to  the  House  of 
Representatives  to  render  such  encouragement  in  its  difficult 
task  of  organization  as  my  presence  was  likely  to  afford.  This 
was  the  beginning  of  the  first  regular  session  of  the  Forty-third 
Congress,  and  at  twelve  o'clock  the  Clerk  of  the  last  House 
(there  being  no  Speaker)  called  the  members  to  order.  This 
power  is  conferred  upon  him  by  a  law  of  Congress  providing 
for  the  organization  of  the  House.  After  a  call  of  the  roll,  the 
Clerk  said  : 

"  Two  hundred  and  eighty-one  members  having  answered 
to  their  names,  being  more  than  a  quorum,  the  Clerk  is  now 
ready  to  receive  a  motion  to  proceed  to  the  election  of  Speaker." 

Several  members  arose  and  suggested  the  names  of  various 
persons  ;  but  every  one  knew  beforehand  who  would  be  elected. 
The  Republicans  were  in  the  majority,  and,  prior  to  the  meet- 
ing of  the  House,  they  had  come  together  and  held  a  caucus. 
A  caucus  is  a  secret  session  of  Congressmen  all  of  the  same 
party  in   which   they  talk   over   the   policy  of  legislation  and 


OVER    THE   RECESS.  131 

other  matters,  and  agree  to  act  together.  The  Rcpubhcans  of 
the  House,  as  well  as  those  of  the  Senate,  have  frequent  cau- 
cuses ;  so  also  have  the  Democrats.  In  this  particular  caucus, 
the  Republican  members  of  the  House  had  agreed  to  nominate 
and  vote  for  James  G.  Blaine,  who  had  been  the  Speaker  of 
the  preceding  House.  Tellers  were  appointed,  and,  as  the 
majority  of  the  House  voted  for  Mr.  Blaine,  he  was  declared  by 
the  Clerk  duly  elected  Speaker  of  the  House  of  Representatives 
of  the  Forty-third  Congress.  He  was  conducted  to  the  chair 
by  two  of  the  members,  and  made  a  brief  address  ;  whereupon 
Representative  Dawes,  at  the  request  of  the  Clerk,  administered 
the  oath  to  the  Speaker.  Then  the  Speaker  swore  in  the 
members  in  attendance,  and  after  the  election  of  a  Clerk,  Ser- 
geant-at-Arms,  Doorkeeper,  Postmaster,  and  Chaplain,  the 
organization  of  the  House  was  complete.  The  appointment  of 
committees  being  the  privilege  of  the  Speaker,  it  required  sev- 
eral days  for  him  to  make  up  the  list  ;  but,  with  this  exception, 
the  House  was  ready  to  begin  making  laws. 

There  remained  but  one  other  interesting  feature  of  the  pro- 
ceedings of  organization.  Every  member  naturally  wished  the 
best  seat  in  the  Hall  that  he  could  obtain  ;  and  as  all  of  them 
could  not  be  satisfied,  the  question  was  determined  by  a  game 
of  chance.  The  Clerk  placed  in  a  box  as  many  slips  of  paper 
as  there  were  Representatives  and  Delegates,  each  bearing  the 
name  of  a  member,  and  a  blind-folded  page  was  directed  to  draw 
these  slips  from  the  box  one  at  a  time.  Mr.  Dawes,  the  "  Father 
of  the  House,"  and  also  Mr.  Alexander  H.  Stephens,  who,  on 
account  of  his  age  and  infirmity,  was  "  entitled  to  consideration 
on  the  part  of  the  House,"  were  permitted  to  choose  seats  be- 
fore the  drawing  commenced.  Then  all  the  other  members 
retired  beyond  the  outer  row,  and  each  Representative  and  Dele- 
gate, as  the  slip  bearing  his  name  was  drawn  and  called,  came 
forward  and  selected  a  seat.      It  was  quite  an  amusing  perform- 


132  AMONG    THE  LAW-MAKERS. 

ance  ;  the  law-makers  enjoyed  the  fun  fully  as  much  as  did  the 
spectators  in  the  gallery,  and  the  countenances  of  the  fortunate 
members  beamed  with  the  smiles  of  oliildish  joy. 

In  the  Senate,  this-matter  of  seats  Is  settled  in  a  different 
way.  At  the  beginning  of  every  Congress,  the  newly  elected 
Senators  choose  from  among  the  vacant  seats  in  the  order  in 
which  each  Senator  notifies  Captain  Bassett,  on  the  principle 
of  "  first  come,  first  served  ;  "  and  if  they  do  not  get  satisfactory 
seats,  they  "  speak"  for  other  seats,  in  the  event  of  such  seats 
becoming  vacant  during  their  term  of  office.  Captain  Bassett 
keeps  a  record  of  all  these  requests  in  a  book,  and  often  the 
same  seat  will  be  spoken  for  by  three  or  four  Senators.  I  re- 
member one  Senator,  who  had  a  seat  very  desirable  on  account 
of  its  location,  who  became  suddenly  ill — so  ill  that  he  was  not 
expected  to  live.  Several  of  the  other  Senators  applied  for  his 
seat  ;  and,  when  the  Senator  heard  of  it,  he  declared  he  would 
not  die.  And  he  did  not  ;  he  even  lived  to  see  the  seats  of 
these  Senators  who  had  spoken  for  his  become  vacant. 

Within  a  few  days  both  Houses  were  in  running  order,  and 
the  Forty-third  Congress  began  its  work  of  legislation.  One 
of  the  first  laws  which  it  enacted  repealed  one  of  the  very  last 
laws  enacted  by  the  Forty-second  Congress.  The  subject  is 
worthy  of  special  remark. 


CHAPTER   XVI. 


AN   UNPOPULAR   MEASURE. 


During  the  fall  of  1872,  the  country  emerged  from  a  Presi- 
dential and  Congressional  election,  in  which  "  economy  in  the 
administration  of  public  affairs  "  had  been  a  loud  part}-  cr)'. 
There  is  no  doubt  that  there  were  abuses,  and  that  there  was 
room  for  retrenchment  of  expenses  in  certain  branches  of  the 
public  service,  and  one  of  these  abuses  was  what  is  termed  the 
"  franking  privilege."  The  franking  privilege  permitted  Con- 
gressmen and  certain  public  officials  to  write  their  signatures 
on  envelopes  and  packages,  and  send  letters  and  documents 
through  the  mail  without  payment  of  postage.  Such  a  signa- 
ture was  a  "  frank  ;  "  and  some  Congressmen  were  rather  care- 
less and  franked  private  matter  of  friends  which  ought  to  have 
paid  postage,  thus  causing  the  Government  to  lose  a  great  deal 
of  money  which  the  Post-office  Department  would  otherwise 
have  collected  from  the  sale  of  stamps. 

When  the  law-makers  met  in  December,  they  set  about  cor- 
recting this  abuse,  and  in  January  an  act  was  passed,  and  be- 
came a  law,  utterly  abolishing  the  franking  privilege. 

Now,  General  Benjamin  F.  Butler,  who  was  then  a  member 
of  the  House,  had  an  idea  that,  as  Congressmen  were  com- 
pelled, by  the  abolition  of  the  franking  privilege,  to  buy  postage 
stamps,  they  ought  to  have  their  salaries  increased.  So,  shortly 
after  the  passage  of  the  "  abolishing"  act,  and  on  February  7, 
1873,  he  reported  from  the  Committee  on  the  Judiciary,  a  bill 


134  AMONG    THE  LAW-MAKERS. 

which  was  numbered  H.  R.  3852,*  "to  amend  the  salaries  of 
the  executive,  judicial,  and  legislative  departments  of  the  Gov- 
ernment." It  was  read  a  first  and  second  time  and  recom- 
mitted to  the  Committee  on  the  Judiciary.  On  February  loth, 
General  Butler  made  a  motion  that  the  House  suspend  its  rules 
in  order  to  pass  a  resolution  directing  the  Committee  on  Ap- 
propriations to  include  in  the  "  Miscellaneous  Appropriation 
Bill  "  the  provisions  of  Bill  No.  3852.  To  suspend  the  rules  re- 
quires a  two-thirds  vote,  and,  as  the  General  did  not  succeed  in 
getting  that  number,  his  motion  failed. 

On  the  24th  of  that  month,  however,  he  saw  his  chance.  It 
was  night.  The  House  had  resolved  itself  into  a  Committee  of 
the  Whole  on  the  state  of  the  Union  (Mr.  Dawes  occupying  the 
chair  instead  of  Speaker  Blaine),  and  was  proceeding  to  con- 
sider the  amendments  of  the  Senate  to  the  general  appropria- 
tion bill  (House  Bill  2991  j  entitled  :  "  A  bill  making  appropria- 
tions for  the  legislative,  executive,  and  judicial  expenses  of  the 
Government  for  the  year  ending  June  thirtieth,  eighteen  hun- 
dred and  seventy-four,  and  for  other  purposes."  That  bill  had 
previously  passed  the  House  and  gone  to  the  Senate,  but  the 
Senate  had  made  numerous  amendments  to  it  and  had  sent  it 
back  to  the  House.  One  of  those  amendments  provided  that 
the  salary  of  the  Principal  Legislative  Clerk  of  the  Senate  should 
be  raised  from  $2,592  to  $3,600;  and  the  House  Committee  on 
Appropriations  advised  that  the  House  concur  in  that  amend- 
ment, with  a  further  amendment  increasing  the  salaries  of  a  num- 
ber of  their  own  clerks. 

That  is  where  the  snow-ball  began.  General  Butler  saw 
that  a  spirit  of  liberality  had  taken  possession  of  some  of  the 
members,  and  he  thereupon  offered  as  an  amendment  to  the 
amendment  of  the  committee,  to  be   substituted  for  it,  a  long 

'  The  bills  of  each  House  are  numbered  in  the  order  of  introduction,  the  numbers 
beginning  and  ending  with  every  Congress. 


AN   UNPOPULAR   MEASURE.  135 

provision,  which  was  alnujst  word  for  word  the  language  of  Bill 
No.  3852,  which  he  had  previously  tried,  but  without  success, 
to  have  passed.  This  amendment  of  General  Butler's  con- 
tained the  salary-grab  and  back-pay  provision.  It  provided 
that,  on  and  after  March  4,  1873,  the  pay  of  the  President 
should  be  $50,000  instead  of  $25,000,  which  was  the  salary 
at  that  time  ;  that  of  the  Chief  Justice  of  the  United  States, 
$10,500,  and  of  the  Associate  Justices  of  the  Supreme  Court, 
$10,000  each  ;  that  the  Vice-President  and  Speaker  of  the 
House  should  receive  $10,000  each  ;  that  the  Cabinet  officers 
should  receive  $10,000  each,  and  three  of  the  Assistant  Sec- 
retaries, $6,500  each  ;  that  the  salaries  of  the  Senators  and 
Representatives  and  Delegates  should  be  increased  from  $5,000 
to  $7,500  a  year  each;  that  the  members  of  the  P^orty-sccond 
Congress  should  be  paid  at  that  rate,  from  the  beginning  of 
the  Congress,  two  years  before  (thus  giving  to  each  Congress- 
man, as  "  back-pay,"  $5,000,  but  with  certain  deductions  on  ac- 
count of  mileage),  and  that  $1,200,000  should  be  appropriated 
to  cover  this  "  back-pay." 

Immediately  after  the  reading  of  the  proposed  amendment, 
it  was  subjected  to  a  fusillade  of  "points  of  order."  Under  the 
rules,  these  "  points  of  order,"  if"  well  taken,"  and  sustained 
by  the  Chair,  or  by  the  Committee  upon  an  appeal  from  the 
decision  of  the  Chair,  would  have  been  fatal.  A  general  ap- 
propriation bill  is  too  important  to  be  hindered  and  delayed  by 
all  sorts  of  new  fancies,  and,  to  secure  its  speedy  passage,  the 
rules  do  not  favor  amendments  which  embody  the  substance  of 
other  bills,  or  which  do  not  pertain  directly  to  the  subject  under 
consideration.  When  an  amendment  not  permitted  b)-  the  rules 
is  offered,  a  member  has  merely  to  make  the  *'  point  of  order" 
and  show  that  fact,  and  the  amendment  is  left  out  in  the  cold. 

This  measure,  therefore,  that  was  destined  to  raise  so  much 
dissatisfaction  among  the  people,  was  met  at  the  very  threshold 


13^  AA/O.VG    THE  LAW-MAKERS. 

by  objections.  Mr.  Dawes  himself  was  opposed  to  it,  but  it 
was  his  duty  to  apply  the  rules  impartially.  As  Chairman  of 
the  Committee  of  the  Whole,  he  overruled  the  points  of  order 
made.  Mr.  Holman,  as  one  of  the  "  objectors,"  appealed  from 
the  decision  of  the  Chair,  but  the  Committee  voted  to  sustain 
the  Chairman's  ruling. 

At  last,  after  much  debate,  it  came  to  a  vote  on  the  proposi- 
tion. The  Committee  divided.  That  is,  those  in  favor  of  it 
stood  up  and  were  counted  by  the  Chairman,  who  said  there 
were  93  ;  and  then  those  in  favor  sat  down,  and  those  opposed 
stood  up  and  were  counted,  and  they  numbered  71 — in  all  164. 
Thereupon  Mr.  Holman,  who  never  knows  when  he  is  beaten, 
demanded  tellers.  So  tellers  were  ordered  and  appointed  by 
the  Chair,  and  they  shook  hands  and  stood  up  in  front  of  the 
Clerk's  desk,  and  the  Committee  again  divided.  That  is,  the 
"  vVyes  "  passed,  one  after  another,  between  the  two  tellers,  who 
touched  each  of  them  on  the  back  as  they  passed  through,  and 
•' counted "  them.  Then  the  "Noes"  passed  through  and 
were  counted,  and  the  tellers  reported  the  result  to  the  Chair- 
man. There  were  8-1  Ayes  and  66  Noes — in  all  147,  or  a 
"  shrinkage  "  of  17. 

So  the  amendment  proposed  by  General  Butler  was  agreed 
to,  as  well  as  the  other  amendments  increasing  the  pay  of 
officers  and  employes  of  Congress — including  the  Senate-pages, 
whose  compensation  was  raised  from  three  dollars  to  three  dol- 
lars and  forty-five  cents  per  day.  When  the  Committee  had  done 
this,  a  motion  was  made  that  it  "  rise,"  and,  being  agreed  to, 
Mr.  Dawes  came  down  from  the  chair,  the  Speaker  resumed  it, 
the  mace  was  placed  in  position,  and  the  House  proper  was 
again  at  work.  Then  Mr.  Dawes  stood  in  front  of  the  Clerk's 
desk  where  the  tellers  had  previously  stood  (which  space  is 
called  the  "  area  of  freedom")  and  went  through  the  formality 
of  reporting  to  the  Speaker  what  had  been  done  by  the  House 


AN   UNPOPULAR   MEASURE.  137 

while  in  Comnnttec  of  the  Whole,  of  which  he  had  been  Chair- 
man. Thereupon  the  Speaker  reported  the  information  back 
to  the  members  (who,  of  course,  knew  it  quite  as  well  as  he 
did)  ;  and  then  the  members  agreed  to  the  amendments  again, 
thus  making  their  adoption  the  action  of  the  House,  and  so 
really  passing  the  bill.  And  this  explains  to  you  the  whole 
process  of  an  action  of  the  House  in  "  Committee  of  the 
Whole." 

From  the  House  the  bill  went  to  the  Senate,  and  after  a 
debate,  the  Senate  asked  for  a  committee  of  conference — 
that  is,  a  committee  composed  of  members  of  both  Houses — to 
adjust  the  bill  so  that  it  should  satisfy  the  majority  in  both 
Houses.  Such  a  committee  was  appointed,  and  on  Monday, 
March  3d,  the  conference  report  came  up  for  consideration  in 
both  the  Senate  and  the  House,  and  it  was  adopted,  after  a 
very  spirited  discussion,  by  a  vote  of  36  to  27  in  the  Senate 
and  of  102  to  96  in  the  House,  and  the  bill  thus  became  an  act. 
It  was  late  at  night  when  the  Senators  finished  their  delibera- 
tions on  the  subject.  On  the  morning  of  March  4th,  the  House, 
at  2.50  A.M.,  took  a  recess  until  half-pa&t  nine  o'clock  A.M.; 
and  upon  re-assembling,  Mr.  Buckley,  from  the  Committee  on 
Enrolled  Bills,  reported  that  the  committee  had  examined  the 
bill  and  found  it  duly  enrolled.  It  was  then  signed  by  the 
Speaker,  and  the  Clerk  brought  it  over  to  the  Senate.  There- 
upon the  parchment  was  signed  by  Vice-President  Colfax,  and 
Captain  Bassett  stood  by  the  side  of  his  chair  and  dried  the  ink 
of  his  signature  with  a  blotter  !  That  was  the  last  I  saw  of  it, 
but  somehow  it  must  have  reached  the  President's  Room,  for, 
shortly  afterward,  Mr.  Babcock,  the  President's  private  secre- 
tary, appeared  in  the  House  and  informed  that  body  that  the 
act  had  been  approved. 

Within  a  few  minutes  after   Mr.    Babcock's  announcement, 
the  Speaker  of  the  House  declared  the  House  of  Representatives 


138  AMOAG    THE  LAW-MAKERS. 

of  the  Forty-second  Congress  adjourned  without  day,  and  he 
and  the  other  law-makers  at  once  marched  over  to  the  Senate 
to  attend  the  ceremony  of  the  inauguration  before  described. 

Such  was  the  last  memorable  act  of  that  Congress.  If  you 
want  to  find  comments  on  it,  pick  up  almost  any  newspaper  of 
that  year.  If  you  want  to  see  the  law  itself,  you  will  find  it  in 
the  17th  volume  of  the  Statutes-at-Large,  at  page  485. 

The  people  of  the  country  were  furious  when  they  heard  of 
this  "  salary-grab."  The  idea  of  the  law-makers  voting  to 
themselves  more  than  a  million  dollars  just  at  the  end  of  their 
terms,  and  then  quietly  dispersing,  jingling  the  gold  in  their 
pockets  !  The  more  the  people  thought  of  it,  the  more  indig- 
nant they  became.  There  was  one  loud,  prolonged  outburst  of 
wrath  against  the  members  of  that  Congress,  which  found  vent 
in  the  newspapers,  the  "  organs  of  public  opinion,"  and  which 
swept  the  country  from  one  end  to  the  other. 

The  fun  of  it  all  was  yet  to  come.  Many  members  had 
drawn  their  back-pay,  including  even  those  who  had  opposed 
the  measure.  As  the  storm  of  public  condemnation  increased 
in  fury,  those  who  had  not  drawn  were  afraid  to  touch  the 
money,  and  those  who  had  drawn  began  to  feel  uneasy  and  to 
wish  they  had  not  done  it,  and  some  even  returned  the  money 
to  the  Treasury. 

Many  of  the  Representatives  of  the  Forty-second  Congress 
had  not  been  re-elected  at  the  election  of  1872,  and  never  ex- 
pected to  be.  These,  of  course,  were  not  alarmed.  But  other 
members  had  been  re-elected  and  wanted  to  be  re-elected  for- 
ever and  forever,  and  they  were  very  eager  to  do  something 
to  soften  the  wrath  of  their  constituents.  Their  wild,  anxious 
efiforts  at  repentance  were  almost  laughable.  And  I  may  as 
well  remark  here,  that,  notwithstanding  all  their  efforts,  some 
of  them  were  never  forgiven,  but  were  put  aside  by  the  people 
of  their  districts  at  the  very  next  election. 


AN   UNPOPULAR   MEASURE.  139 

Let  mc  show  you,  however,  the  celerity  with  which  the 
Congressmen  acted  when  they  reassembled.  The  first  session 
of  the  Forty-third  Congress  began,  as  stated  in  the  last  chajjter, 
on  Monday,  the  first  day  of  December,  1873.  On  Thursday, 
the  fourth,  a  resolution  was  offered,  in  the  House,  that  a  special 
committee  should  be  appointed  to  take  into  consideration  the 
repeal  of  the  "  Salary  Bill,"  so  called. 

That  resolution  was  agreed  to  ;  and  then  was  presented  a 
pretty  spectacle  !  Nearly  every  member  seemed  to  have  pre- 
pared a  bill  on  the  subject,  and  was  anxious  to  gain  the  credit 
of  having  repealed  the  obnoxious  law.  On  the  i6th  of  the 
month,  the  committee  reported  a  bill  to  repeal  the  former  law, 
and  it  was  promptly  taken  up  and  considered.  The  discussion 
that  ensued  was  fierce  and  exciting.  Some  obstinate  members 
spoke  of  the  denunciation  of  the  people  as  the  outcry  of  a  law- 
less mob  !  Others  spoke  less  defiantly.  But  when  it  came  to 
voting,  nearly  all.  General  Butler  included,  voted  for  the  pas- 
sage of  the  bill  for  the  repeal  of  the  law.  It  was  wonderful  ! 
And  the  same  is  true  of  the  Senate. 

This  measure  was  passed  in  the  House  of  Representatives, 
December  17,  1873,  by  a  vote  of  122  to  74  !  On  January  12, 
1874  (the  holidays  having  intervened),  the  Senate  passed  it, 
with  an  amendment,  by  a  vote  of  50  to  8  !  and  the  title  was 
amended  so  as  to  read:  "A  bill  repealing  the  increase  of 
salaries  of  members  of  Congress  and  other  officers."  As  so 
amended,  it  provided  that  "  the  increase  of  the  compensation 
of  public  officers  and  employees,  whether  members  of  Congress, 
Delegates,  or  others,  except  the  President  of  the  United  States 
and  Justices  of  the  Supreme  Court,"  should  be  repealed,  and 
the  salaries  fixed  as  before  the  passage  of  the  Act  of  March  3, 

1873. 

The  very  next  day  after  its  passage  by  the  Senate,  it  reached 
the   House.     The   Representatives   promptly  concurred   in   the 


HO  AMONG    THE  LAW-MAKERS. 

amendment  of  the  Senate  by  a  vote  of  225  to  25  !  and  on 
the  20th  (one  week  later)  it  was  approved  by  the  President. 
And  you  will  find  that  law  in  the  i8th  volume  of  the  Statutes- 
at-Large,  at  page  4. 

And  so  the  law-makers,  after  boldly  marching  up  the  hill, 
deemed  discretion  the  better  part  of  valor,  and  marched  down 
again.  Perhaps  no  better  instance  could  be  given  of  the  great 
fact  stated  in  my  opening  chapter — a  fact,  by  the  way,  that  it 
will  not  be  my  fault  if  you  forget — that  the  Government  of  the 
United  States  is  a  "  Government  by  the  People." 


CHAPTER    XVII. 

REPUBLICAN    SIMPLICITY. 

A  matter  often  made  the  subject  of  comment  by  observing 
foreigners  is  the  smalhiess  of  the  salaries  paid  to  the  President, 
judges,  and  other  high  officers  of  our  Republic — a  rate  of  com- 
pensation extremely  low  as  compared  with  other  countries  and 
in  proportion  to  our  wealth  and  power  as  a  nation.  This  feature 
has  been  characteristic  of  our  policy  from  the  beginning  of  the 
Government  ;  it  is  based  not  so  much  upon  notions  of  economy 
as  upon  the  unwillingness  of  the  people  to  endow  any  of  their 
institutions  with  even  the  semblance  of  regal  magnificence. 

It  was  not  at  all  strange  that,  after  their  sad  experience 
under  monarchical  rule,  the  early  Americans  should  have  dis- 
liked everything  that  savored  of  royalty.  Not  only  was  this 
spirit  shown  in  attacks  made  upon  a  peculiar  courtliness  of 
fashion  affected  by  a  portion  of  society,  but  it  found  expression 
in  the  Constitution  itself.      It  was  distinctly  provided  that— 

No  title  of  nobility  shall  be  granted  by  the  United  States  ; 
and  an  instance  of  the  popular  feeling  on  this  subject  and  of  the 
peculiarities  of  the  two  Houses,  is  presented  by  the  proceedings 
of  the  First  Congress. 

The  question  was  raised  as  to — 

What  style  or  titles  it  will  be  proper  to  annex  to  the  offices  of  President 
and  Vice-President  of  the  United  States  ;  if  any  other  than  those  given  in 
the  Constitution  ; 

and  this  subject  was  deemed  of  sufficient  importance  to  receive 
the   attention    of   a   special  joint   committee   of  both    Houses. 


142  ylMOiYG    THE  LAW-MAKERS. 

This  committee  reported  that  the  President  should  be  addressed 
as  "  His  Excellency."  The  Senators  would  not  agree  to  the 
report;  they  fancied  the  title  "His  High  Mightiness."  A 
committee  of  conference  was  then  appointed,  and  reported — 

That,  in  the  opinion  of  the  committee,  it  will  be  proper  thus  to  address 
the  President  :  "  His  Highness,  the  President  of  the  United  States  of  Amer- 
ica, and  Protector  of  their  liberties." 

I  think  that  was  high-sounding  enough  to  please  the  tastes  of 
the  Senators.  But  the  members  of  the  House  of  Representatives 
would  consent  to  nothing  of  the  kind.  They  did  not  believe 
it  essential  to  the  dignity  of  a  free  people  that  their  Chief  Offi- 
cer should  be  laden  down  with  anything  more  than  a  simple 
description  of  his  office.  The  result  of  the  whole  matter  is 
shown  in  the  following  resolution,  passed  by  the  Senate  on 
May  14,  1789: 

From  a  decent  respect  for  the  opinion  and  practice  of  civilized  nations, 
whether  under  monarchical  or  republican  forms  of  government,  whose  cus- 
tom it  is  to  annex  titles  of  respectability  to  the  office  of  their  chief  magis- 
trate ;  and  that,  on  intercourse  with  foreign  nations,  a  due  respect  for  the 
majesty  of  the  people  of  the  United  States  may  not  be  hazarded  by  an  ap- 
pearance of  singularity,  the  Senate  have  been  induced  to  be  of  opinion 
that  it  would  be  proper  to  annex  a  respectable  title  to  the  office  of  Presi- 
dent of  the  United  States  ;  but  the  Senate,  desirous  of  preserving  harmony 
with  the  House  of  Representatives,  where  the  practice  lately  observed  in 
presenting  an  address  to  the  President  was  without  the  addition  of  titles, 
think  it  proper,  for  the  present,  to  act  in  conformity  with  the  practice  of 
that  House  : 

Therefore, 

Resolved,  That  the  present  address  be:  "To  the  President  of  the 
United  States,"  without  addition  of  title. 

That  resolution  has  never  been  disturbed,  and  there  is  no 
legislative  authority  for  any  other  address  than  the  one  so 
adopted.  This  form  of  official  salutation  is  still  observed  in 
the    relations    between    Congress    and    the    President — and    it 


An  Unpretentious  President. 


REPi  B  Lie  AX  SIMI'LICI  7  ) '.  i  43 

sliould  be  adhered  to.  Extravagant  titles  are  not  in  good  taste 
in  a  Republic. 

A  somewhat  similar  dispute  arose  between  the  early  Senate 
and  House,  when  the  currency  measures  were  discussed,  in  re- 
gard to  a  design  for  an  impression  upon  United  States  coins. 
The  Senate  proposed  a  representation  of  the  President's  head, 
but  the  House,  thinking,  no  doubt,  of  the  old  Roman  coins 
which  bore  the  head  of  Cajsar — and  perhaps  of  some  European 
pieces  of  money — declared  that  this  idea  also  inclined  toward 
"  Royalty,"  and  suggested  that  a  representation  of  "  Liberty" 
should  be  adopted.  The  Senate  again  conceded  the  point,  and 
the  design  proposed  by  the  House  was  accordingly  agreed 
upon. 

But  while  the  action  of  Congress  did  not  enlarge  the  title  of 
the  Executive,  Washington  thought  that,  such  as  it  was,  it  was 
entitled  to  respect.  In  illustration  of  this  fact,  a  story  is  told 
which,  whether  authentic  or  not,  is  good  enough  to  be  repeated. 
An  English  officer,  it  is  said,  having  addressed  a  communica- 
tion to  our  first  President  as  "  George  Washington,  etc.,  etc.," 
Washington  informed  him  that  he  was  "President  of  the 
United  States  of  America,"  and  that  he  wished  no  "  etcetera" 
after  his  name.  "  Oh,  well  !  "  exclaimed  the  officer,  carelessly, 
"'  etcetera'  means  «wjj/thing."  "  Yes,"  rejoined  Washington, 
with  quiet  firmness,  "  but  it  may  mean  any\\\\\\^  !  " 

The  clause  of  the  Constitution  prohibiting  the  United  States 
from  conferring  titles  also  declares  that —  . 

No  person  holding  any  office  of  profit  or  trust  under  them  [the  I'nited 
States],  shall,  without  the  consent  of  the  Congress,  accept  of  any  present, 
emolument,  office,  or  title,  of  any  kind  uhatever,  from  any  king,  prince, 
or  foreign  State.* 

'  So  intense  was  the  feeling  on  the  subject  that,  in  the  year  1810,  it  was  proposed  to 
amend  the  Constitution,  and  make  it  a  serious  offence  for  any  American  to  accept  a 
foreiirn  title. 


144  AMONG    THE  LAW-MAKERS. 

Frequently,  foreign  potentates  have  desired  to  express  in 
various  ways  their  appreciation  of  the  merit  or  friendly  services 
of  naval,  military,  or  civil  officers  of  this  country,  and  Congress 
has  seldom  refused  to  grant  the  request  of  the  American  who 
has  become  the  object  of  foreign  liberality.  To  do  otherwise 
would  be  rather  discourteous  to  the  good-natured  monarch  or 
country  proposing  to  do  honor  to  an  American  citizen. 

There  are  on  the  Congressional  Statute-books  many  acts 
urantine:  to  American  officers  named  in  them  permission  to  ac- 
cept  gifts  from  foreign  powers.  Among  others,  I  find  one  in 
regard  to  certain  presents  from  the  King  of  Siam,  consisting  of 
"  first,  a  portrait,  in  frame,  of  Her  Royal  Highness  the  Princess 
of  Siam  ;  second,  a  silver  enamelled  cigar-case  ;  third,  a  match- 
box and  tray  of  Siamese  work,"  which,  at  the  time  of  the  pas- 
sage of  the  act,  were  deposited  in  the  Smithsonian  Institution 
at  Washington. 

The  mention  of  that  Institution  reminds  me  of  another  Con- 
gressional action  (which  may  be  cited  as  a  good  specimen  of 
its  kind)  in  reference  to  the  distinguished  scientist  who,  until 
the  time  of  his  death,  presided  over  its  affairs.  The  renown 
of  Professor  Joseph  Henry  is  world-wide.  The  following  joint 
resolution  of  Congress,  approved  by  President  Grant  on  April 
20,  1 87 1,  illustrates  the  high  esteem  in  which  his  memory  is 
held  : 

Joint  Resolution  giving  the  consent  of  Congress  to  Professor  Joseph 
Henry,  Secretary  of  the  Smithsonian  Institution,  to  accept  the  Title  and 
Regalia  of  a  Commander  of  the  Royal  Norwegian  Order  of  St.  Olaf,  con- 
ferred upon  him  by  the  King  of  Sweden  and  Norway,  Grand  Master  of  said 
Order. 

Resolved  by  the  Senate  and  House  of  Representatives  af  the  United  States 
of  America  in  Congress  assctnbled.  That  the  consent  of  Congress  is  hereby 
given  to  Professor  Joseph  Henry,  secretary  of  the  Smithsonian  Institution, 
to  accept  the  title  and  regalia  of  a  commander  of  the  Royal  Norwegian 


REPUBLICAN  SIMPLICITY.  145 

order  of  St.  Olaf,  conferred  upon  him  for  his  distinguished  scientific  ser- 
vice and  character  by  the  king  of  Sweden  and  Norway,  grand  master  of 
said  order. 

Of  course,  private  individuals,  not  in  the  employ  of  the  Gov- 
ernment, do  not  require  the  "consent"  of  Congress.  It  is 
pleasant  to  note  that  genius  in  the  fields  of  letters  and  of  science 
is  not  overlooked  by  distant  friends,  even  if  unrecognized  at 
home  ;  and  when  reading  such  enactments  as  the  above  reso- 
lution, Ave  pages  used  to  confess  to  a  presentiment  of  coming 
honors  for  ourselves.  Could  it  be  that  His  Majesty  the  King  of 
the  Cannibal  Islands  had  never  heard  of  its  ? 

The  constitutional  requirement  that  Congress  must  give 
its  consent  to  the  acceptance  of  foreign  presents  or  titles,  is 
an  evidence  of  what  foreigners  call  our  republican  simplicity. 
This  spirit  of  "  simplicity  "  (to  adopt  that  term)  pervades,  as  I 
have  said,  all  our  institutions.  It  allows  of  no  distinctions  of 
rank.  It  means  absolute  freedom — equality  of  rights  before 
the  law.  I  could  give  you  innumerable  instances  of  its  work- 
ings ;  but  it  is  sufficiently  shown  in  the  "accessibility"  of 
public  officials.  The  people  are  not  disposed  to  forget  that  tJiey 
are  supreme  in  authority.  The  officials  are  their  agents  and 
servants,  subordinate,  not  superior  to  them,  and  they  require 
that  the  management  of  their  affairs  shall  be  open  to  inspection. 
The  citizen  from  the  back-woods  of  the  West,  and  the  citizen 
from  the  classic  streets  of  Boston,  may  wander  about  the  halls 
of  Government  with  equal  freedom  and  impunity.  The  only  re- 
strictions are  those  of  prudence  or  necessity.  An  American 
should  not  complain  because  in  roaming  through  the  vaults  of 
the  Treasury  he  is  required  to  have  the  escort  of  a  guide.  If 
he  wishes  to  hear  the  debates  of  Congress,  a  seat  in  the  gallery 
is  at  his  disposal.* 

"  A  recent  exception  to  this  privilege  should  be  noted.     On  the  occasion  of  the  dedi- 
cation of  the  Washington  Monument  in  February,  1885,  the  general  public  were  ex- 
10 


146  AMONG    THE  LAW-MAKERS. 

That  we  find  "  red  tape  "  and  excessive  dignities  in  some  of 
cur  official  circles,  I  concede  ;  but  these  are  trifles  as  compared 
with  the  tedious  formalities  and  pomp  of  other  lands.  Indeed, 
it  is  only  by  such  comparison  that  you  can  really  estimate  at 
their  proper  worth  these  features  of  American  equality. 

Here  we  have  no  long  line  of  servants  in  livery  and  soldiers 
in  uniform  parading  within  and  without  our  public  buildings. 
There  is  not  a  vestige  of  an  army  around  the  White  House,  and 
about  the  only  livery  the  President  sees  is  that  worn  by  his 
coachman  when  driving  through  the  streets  of  Washington,  in 
a  very  ordinary  carriage,  drawn  by  two  very  ordinary  horses. 
I  have  seen  President  Grant  gazing  at  the  pictures  in  the  Cap- 
itol, and  sauntering  up  the  Avenue  with  the  crowd,  quite  un- 
pretentious and  unconcerned — even  stopping  to  inspect  the 
articles  in  a  show-window.  And  Justices  of  the  Supreme  Court 
and  Congressmen  are  as  frequently  encountered,  and  are  as 
easy  of  address,  as  the  lads  of  the  city,  who,  also,  when  school 
is  out  and  their  labor  done,  take  their  daily  promenades  on  that 
great  thoroughfare. 

eluded  from  the  services  in  the  House  of  Representatives,  admission  to  the  galleries  be- 
ing given  only  to  \!ne.  personal  friends  of  Congressmen.  But  this  exclusion,  so  plainly 
repugnant  to  the  democratic  spirit  of  our  institutions,  provoked  severe  condemnation 
by  the  press  of  the  country. 


CHAPTER    XVIII. 

THE    FEDERAL   JUDICIARY. 

About  midway  between  the  Senate-chamber  and  the  rotunda 
of  the  Capitol  is  a  semi-circular  room  into  which  I  never  ven- 
tured without  a  mingled  feeling  of  reverence  and  awe.  One 
day,  not  long  after  the  repeal  of  the  Salary  Bill,  while  passing 
along  the  corridor,  I  noticed  quite  a  crowd  struggling  for  ad- 
mittance into  this  room.  The  clock  was  on  the  stroke  of  twelve, 
and  my  presence  was  needed  in  the  Senate.  As  I  stood  for  a 
moment  pondering  over  what  I  should  do,  a  door  on  one  side 
of  the  corridor  noiselessly  opened,  an  opposite  door  did  like- 
wise, a  procession  of  venerable  men,  arrayed  in  black  silk 
gowns,  emerged  and  slowly  crossed  my  path,  the  doors  quietly 
closed,  and  the  procession  was  shut  from  sight.  I  shall  allow 
it  to  remain  invisible  for  a  while.  By  the  time  it  reappears,  we 
may  know  enough  law  to  face  it  with  composure. 

In  treating  of  the  general  powers  of  government,  we  saw 
that  they  are  three  in  number  ;  and  in  describing  the  plan  of 
our  own  Government,  we  noticed  that  these  three  powers  are 
here  confided  to  three  separate  departments.  The  first  article 
of  the  Constitution  vests  the  legislative  power  of  the  Republic 
in  the  Congress  ;  the  second  article  vests  the  executive  power 
in  the  President ;  and  the  third  article,  in  true  logical  order, 
declares  that  "the  judicial  power  of  the  United  States,  shall 
be  vested  in  one  Supreme  Court,  and  in  such  inferior  courts 
as  the  Congress  may  from  time  to  time  ordain  and  establish." 


148  AMONG    THE  LAW-MAKERS. 

The  Constitution  thus  established  the  judicial  department  of 
the  Government  ;  but  the  duty  of  organizing  it  devolved  upon 
Congress.  In  the  performance  of  this  duty,  the  first  Congress 
passed  the  Judiciary  Act  before  referred  to,  which  became  a 
law  September  24,  1789.  By  this  act  the  Supreme  Court  was 
made  to  consist  of  a  Chief  Justice  and  five  Associate  Justices. 
Certain  inferior  courts  were  created  and  provided  with  neces- 
sary officers,  and  regulations  were  prescribed.  Since  then,  many 
changes  and  additions  have  been  made,  expanding  and  per- 
fecting the  judicial  system,  and  carefully  defining  the  powers 
of  the  various  courts. 

The  United  States  is,  under  present  law,  divided  into  a 
number  of  judicial  districts,  and  within  each  district  is  a  Federal 
court,  known  as  the  "  district  court,"  presided  over  by  a  judge 
known  as  the  "district  judge."  These  judges  are  fifty-six  in 
number.  The  jurisdiction  of  each  district  court  extends  over 
the  territory  embraced  within  its  district,  and  its  powers  are 
defined  by  statute. 

These  judicial  districts  are  divided  into  nine  judicial  circuits, 
and  in  each  circuit  is  a  "circuit  court,"  presided  over  by  a 
"  circuit  judge."  The  jurisdiction  of  each  circuit  court  is  co- 
extensive with  the  districts  embraced  within  the  circuit,  and 
its  powers  are  likewise  defined  by  statute. 

Next  to  the  nine  circuit  courts  comes  the  Supreme  Court 
of  the  United  States.  It  consists  now  of  a  Chief  Justice  and 
eight  Associate  Justices.  Its  jurisdiction  extends  over  the  en- 
tire Republic ;  its  powers  are  defined  by  the  Constitution  and 
also  by  statute.  It  is  required  by  law  to  hold,  at  the  seat  of 
Government,  one  term  annually,  commencing  on  the  second 
Monday  in  October.  Furthermore,  the  law-makers  have  enacted 
that  the  nine  members  of  the  Supreme  Court  shall  be  allotted 
among  the  nine  circuits,  and  that  the  Chief  Justice  and  each 
Associate  Justice  of  the  Suprem.e  Court  shall  attend  at  least 


THE  FEDERAL    JUDICIARY.  149 

one  term  of  the  circuit  court  in  each  district  of  the  circuit  to 
which  he  is  allotted,  during  every  period  of  two  years.  The 
Justices  of  the  Supreme  Court,  when  serving  on  circuit  duty, 
are  known  as  ''  zxxcmt  justices ''  to  distinguish  them  from  the 
"  circuit  judges^ 

To  assist  the  Supreme  Court  and  the  circuit  and  district 
courts  in  their  work,  and  to  enforce  their  mandates,  judgments, 
decrees,  and  orders,  there  is  a  multitude  of  district  attorneys, 
marshals,  clerks,  and  other  Federal  officers. 

In  addition  to  these  courts  and  certain  inferior  judicial  offi- 
cers, such  as  United  States  Commissioners,  there  are  the  courts 
of  the  District  of  Columbia  and  the  Territories,  which  are  of 
Federal  creation  and  authority,  and  certain  commissions  for 
the  settlement  of  claims  growing  out  of  international  relations. 
There  is  also,  at  Washington,  a  Court  of  Claims,  in  which  a 
citizen  who  thinks  he  has  been  injured  by  the  Government  may 
say  so,  and  try  to  get  redress.  But  the  United  States  cannot 
be  "  sued."  This  exemption  is  an  "  immunity  of  sovereignty." 
All  that  a  citizen  can  do,  therefore,  is  to  "  petition  "  and  beg 
for  justice — not  dctnand  it,  as  a  right,  from  the  Government 
which  has  injured  him.  And  as  there  are  only  certain  classes 
of  cases  which  the  Court  of  Claims  is  authorized  by  statute  to 
hear,  many  persons  are  driven  to  Congress  with  their  peti- 
tions. While  Congress  passes  an  occasional  bill  granting  the 
relief  desired,  it  pigeon-holes  the  others,  and  the  halls  of  the 
Capitol  are  annually  crowded  by  claimants  who  have  sustained 
wrongs  or  losses  at  the  hands  of  the  Government.  Many  of 
them  give  up  in  despair  ;  others  struggle  for  their  rights  for 
years,  and  die  without  success,  leaving  their  honest  claims  to 
be  pushed  (or  abandoned)  by  their  heirs.  It  may  be  that  the 
law-makers  have  more  important  things  to  attend  to  than  ex- 
amining private  claims  ;  but,  if  so,  they  are  to  be  censured  for 
not  creating  a  tribunal  with  full  authority  to  bestow  the  national 


I50  AMONG    THE  LAW-MAKERS. 

justice  which  they  profess  to  be  too  busy  to  afiford.  While  the 
United  States  of  America  is  a  nation  of  honest  intentions,  still 
its  Government  frequently  inflicts  wrongs  upon  the  rights  of 
individuals,  which  it  also  frequently  fails  to  redress.  I  thought 
I  might  as  well  mention  this,  as  I  go  along,  to  show  that  we 
have  not  yet  attained  absolute  perfection. 

Our  ministers  and  consuls  to  certain  "  half-civilized"  coun- 
tries are  also  vested  by  Congress  with  judicial  powers.  The 
authority  of  these  diplomatic  and  consular  ofificers  extends  only 
to  American  citizens  resident  or  travelling  abroad,  and  the  ex- 
ercise of  their  power  is  subject  to  the  will  of  the  foreign  Gov- 
ernment, So  far  as  the  act  of  Congress  is  concerned,  however, 
an  American  consul  (with  the  help  of  four  American  citizens  as 
associates)  may  condemn  a  countryman  to  death.  In  some 
parts  of  the  world  the  business  of  these  courts  is  apparently 
pretty  brisk,  for  I  find,  by  reference  to  the  Statutes-at-Large, 
that  not  long  ago  Congress  authorized  the  Secretary  of  State 
to  rent  a  court-house  and  jail  at  Yeddo  for  the  trial  and  impris- 
onment of  Americans  sojourning  in  Japan. 

The  Federal  tribunals  are  distinct  from  the  State  courts. 
The  Constitution  declares  that  the  judicial  power  of  the  United 
States,  "  shall  extend  to  all  cases,  in  law  and  equity,  arising 
under  this  Constitution,  the  laws  of  the  United  States,  and 
treaties  made,  or  which  shall  be  made,  under  their  authority  ; 
to  all  cases  affecting  ambassadors,  or  other  public  ministers 
and  consuls  ;  ''•'  to  all  cases  of  admiralty  and  maritime  jurisdic- 
tion ;  to  controversies  to  which  the  United  States  shall  be 
a  party  ;  to  controversies  between  two  or  more  States  ;  be- 
tween a  State  and  citizens  of  another  State  ;  between  citizens 
of  different  States  ;  between  citizens  of  the  same  State  claiming 
lands  under  grants  of  different  States,  and  between  a  State,  or 

'  That    is,  ambassadors,  ministers,  and    consuls   of  foreign  powers   representing 
their  Governments  in  the  United  States. 


THE  FEDERAL    JUDICIARY. 


i=il 


the  citizens  thereof,  and  foreign  states,  citizens  or  subjects." 
But  it  does  not  extend  to  any  suit  "  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another  State, 
or  by  citizens  or  subjects  of  any  foreign  state." 

All  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  must  be 


A  Corner  in  the  Old  Supreme  Court  Room,  now  the  Law  Library. 

brought  in  the  Supreme  Court  of  the  United  States  ;  in  all  the 
other  cases  mentioned,  the  Supreme  Court  has  the  power  of 
a  court  of  appeals,  subject  to  any  exceptions  or  regulations 
deemed  advisable  by  Congress.* 

'  This  is  the  general  provision  of  the  Constitution.  The  exclusive  and  original 
jurisdiction  of  the  Supreme  Court  is  thus  defined  by  statute  of  Congress  :  "The  Su- 
preme Court  shall  have  <-.vf///.f/Tv  jurisdiction  of  all  controversies  of  a  civil  nature  where 
a  State  is  a  party,  except  between  a  State  and  its  citizens,  or  between  a  State  and  citi- 
zens of  other  States,  or  aliens,  in  which  latter  cases  it  shall  have  original,  but  not  exclu- 


152  AMONG    THE  LAW- MAKERS. 

But  while  the  Federal  judiciary,  like  the  Federal  legisla- 
ture, has  authority  over  certain  matters  only  and  cannot  en- 
croach upon  the  province  of  the  State  judiciary,  the  State 
courts,  like  the  State  legislatures,  must  not  interfere  with  the 
province  of  the  General  Government  ;  and  it  is  expressly  de- 
clared that  "this  Constitution,  and  the  laws  of  the  United 
States  which  shall  be  made  in  pursuance  thereof;  and  all 
treaties  made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  Supreme  Law  of  the  Land  ;  and  the 
judges  in  every  State  shall  be  bound  thereby,  anything  in  the  con- 
stitution or  laws  of  any  State  to  the  contrary  notwithstanding." 

The  Justices  of  the  Supreme  Court  are,  under  constitutional 
provision,  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate  ;  and  although  Congress  is  empowered 
to  vest  the  appointment  of  "  inferior  officers  "  in  the  President 
alone  or  elsewhere,  it  has  been  generally  accepted,  by  uniform 
custom,  that  the  judges  of  the  circuit  and  district  judges  are 
not  such  "  inferior  officers"  as  the  Constitution  had  in  view  ; 
and  these  judges  are,  accordingly,  appointed  in  the  manner  in 
which  those  of  the  Supreme  Court  are  appointed,  and,  like  those 
superior  justices,  hold  their  offices  during  good  behavior. 

The  Supreme  Court,  having  been  expressly  established  by 
the  Constitution,  is  termed  a  "  constitutional  court."  Its  exist- 
ence, as  the  highest  court  in  the  land,  cannot  be  disturbed  by 
legislative  power,  and  the  Justices  can  be  removed  from  office 
only  by  proceedings  on  impeachment,  about  which  I  shall  have 
something  to  say  hereafter.  The  circuit  and  district  courts, 
however,  and  all  other  judicial  tribunals  inferior  to  the  Supreme 
Court,  having  been  created  by  Congressional  enactments,  are 

sive,  jurisdiction.  And  it  shall  have  exclusively  all  such  jurisdiction  of  suits  or  proceed- 
ings against  ambassadors,  or  other  public  ministers,  or  their  domestics,  or  domestic 
servants,  as  a  court  of  law  can  have  consiste?itly  with  the  law  of  tuitions  ;  and  original, 
but  not  exclusive,  jurisdiction  of  all  suits  brought  by  ambassadors,  or  other  public  min- 
isters, or  in  which  a  consul  or  vice-consul  is  a  party." 


THE  FEDERAL    JUDICIARY.  153 

mere  "  statutory  courts,"  and  they  may  be  changed  or  even 
abolished — in  other  words,  "legislated  out  of  existence" — by 
the  same  authority. 

The  Supreme  Court  holds  its  sessions  in  the  Capitol  at 
Washington,  The  room  in  which  it  sits  was  formerly  occupied 
by  the  Senate,  and  is  commonly  known  as  the  old  Senate- 
chamber.  The  sacred  associations  of  the  past,  the  solemn  de- 
liberations of  the  present,  entitle  it  to  veneration.  There,  in 
(lays  gone  by,  our  mightiest  statesmen  met ;  there,  to-day,  our 
highest  magistrates  assemble.  Grand  old  council-hall  and  forum 
— no  wonder  that  I  never  entered  it  without  some  fear  and 
trembling  ! 

Naturally,  during  my  page  career,  I  saw  a  great  deal  of  the 
Supreme  Court,  and  learned  much  about  its  powers,  forms,  and 
ceremonies.      One  occasion  requires  mention. 

In  May,  1873,  scarcely  two  months  after  administering  the 
oath  of  office  to  President  Grant,  and  during  the  recess  of  the 
Senate,  Chief  Justice  Salmon  P.  Chase  died.  At  the  next 
session  of  Congress,  the  President  sent  to  the  Senate  the  nom- 
ination of  Morrison  R.  Waite,  as  Chief  Justice  of  the  United 
States,  and  on  January  21,  1874,  the  Senate  confirmed  the  nom- 
ination. But  the  new  Chief-Justice  did  not  assume  the  duties 
of  his  office  until  March  4th — the  anniversary  of  the  inaugural 
ceremonies  of  the  Executive.  Perhaps  he  selected  that  day  be- 
cause of  the  coincidence. 

However,  he  resolved  to  take  the  oath  on  March  4th,  and 
knowledge  of  this  fact  had  drawn  to  the  Capitol  the  crowd  con- 
gregated in  the  corridor.  As  it  was  a  ceremony  that  I  might 
never  again  have  a  chance  to  witness,  I  decided  not  to  let  the 
opportunity  pass.  When  I  saw  the  silk-gowned  Justices  file 
across  the  corridor  from  their  robing-room  on  their  way  to 
the  court-room,  I  darted  around  to  a  private  entrance  and 
reached  the  room  in  the  very  nick  of  time.     It  was  just  twelve 


Court 
States. 


154  AMONG    THE  LAW-MAKERS. 

o'clock,  and  as  I  breathlessly  entered,  the  Crier  of  the  Court 
rapped  upon  his  desk  and  called  out:  "The  Honorable  the 
Associate  Justices  of  the  Supreme  Court."  The  people  in  the 
room  rose  to  their  feet  and  looked — not  at  me,  but — toward  the 
north  door.  And  there,  coming  down  the  narrow  passage,  was 
the  same  procession  I  had  seen — Mr.  Justice  Clifford  in  front, 
the  newly-appointed  Chief  Justice  in  the  rear. 
When  he  reached  the  desk  of  the  Clerk  of  the 
Court  Mr.  Waite  paused.  The  Associate  Jus- 
tices continued  their  march  until  they  reached 
the  Bench.  There  they  stood  for  a  moment, 
arranged  in  line.  Bowing  to  the  attorneys 
assembled  in  the  Bar,  they  took  their  seats, 
o^urf  of  ^the^Xtt'^d  the  lawyers  and  other  spectators  following  the 
example.  Then  the  Crier  opened  the  session 
by  shouting  his  proclamation:  "  O  yea  !  O  yea  !  O  yea  !  All 
persons  having  business  before  the  Honorable  the  Supreme 
Court  of  the  United  States  are  admonished  to  draw  near  and 
give  their  attention,  for  the  Court  is  now  sitting  " — and  dropping 
his  voice,  he  added,  in  a  low  and  reverential  tone  :  "  God  save 
the  United  States  and  this  Honorable  Court !  " 

A  slight  pause  ensued,  and  then  Justice  Clifford  handed  to 
the  Clerk  the  commission  of  Chief  Justice  Waite,  and  directed 
him  to  read  it  aloud.     The  commission  was  as  follows  : 

Ulysses  S.  Grant, 
President  of  the  United  States  of  America. 
To  all  who  shall  see  these  presents,  greeting  : 

Know  ye  that,  reposing  special  trust  and  confidence  in  the  wisdom,  up- 
rightness, and  learning  of  Morrison  R.  Waite,  of  Ohio,  I  have  nominated, 
and,  by  and  with  the  advice  and  consent  of  the  Senate,  do  appoint  him  to 
be  Chief  Justice  of  the  Supreme  Court  of  the  United  States,  and  do  author- 
ize and  empower  him  to  execute  and  fulfil  the  duties  of  that  office  accord- 
ing to  the  Constitution  and  laws  of  the  said  United  States,  and  to  have  and 


THE  FEDERAL    JUDICIARY.  155 

to  hold  the  said  office,  with  all  the  powers,  privileges,  and  ciiioUimcnts  to 
the  same  of  right  appertaining,  unto  him,  the  said  Morrison  R.  Waitc, 
during  his  good  behavior. 

In  testimony  whereof  I  have  caused  these  letters  to  be  made  patent, 
and  the  seal  of  the  United  States  to  be  hereunto  fixed. 

Given  under  my  hand,  at  the  City  of  Washington,  the  twenty-first  day 
of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sev- 
enty-four, and  of  the  independence  of  the  United  States  of  America,  the 

ninety-eighth. 

U.  S.  Grant. 
[Great  seal  of  the  United  States.] 
By  the  President  : 

Hamilton  Fish, 

Secretary  of  State. 

The  Chief  Justice  then  took  the  oath  of  office,  first  orally- 
responding  as  it  was  read  by  the  Clerk,  and  afterward  signing 
his  name  to  it  in  the  open  book  before  him.*  This  done,  he 
walked  to  the  rear  of  the  Bench,  entered  the  arching  door,  and, 
while  the  Associate  Justices  and  the  people  upon  the  floor  stood 
and  bowed,  he  took  the  chair  in  the  centre.  That  was  all  there 
was  of  the  ceremony.  No  bells  were  rung,  no  cannons  thun- 
dered, not  even  a  shout  went  up  in  honor  of  the  event.  Within 
a  few  minutes  the  Court  proceeded  with  its  regular  business,  the 
spectators  dispersed,  and  I  hurried  away  to  the  more  congenial 
legislative  atmosphere  of  the  Senate. 

*  The  form  of  oath  required  of  the  Justices  of  the  Supreme  Court,  the  circuit  judges, 
and  the  district  judges,  is  prescribed  by  the  Judiciary  Act,  and  is  as  follows  : 

"I, ,  do  solemnly  swear  (or  affirm)  that  I  will  administer  justice  without  re- 
spect to  persons,  and  do  equal  right  to  the  poor  and  to  the  rich,  and  that  I  will  faithfully 
and  impartially  discharge  and  perform  all  the  duties  incumbent  on  me  as ,  ac- 
cording to  the  best  of  my  abilities  and  understanding,  agreeably  to  the  Constitution 
and  laws  of  the  United  States  ;  So  help  me  God." 


CHAPTER   XIX. 

A    VACANT    CHAIR. 

After  the  repeal  of  the  Salary  Bill,  matters  in  both  Houses 
had  been  going  quietly  on.  But  on  March  ii,  1874 — one 
week  after  the  investiture  of  the  Chief  Justice — the  monotony 
was  broken.  My  attention  on  that  day  was  attracted  to  this 
unusual  language  used  by  the  Chaplain  of  the  Senate  in  his 
opening  prayer  : 

"  We  miss  some  of  our  number,  who  are  withdrawn  from 
these  seats  and  are  lying  prostrate  with  sickness  and  disease  ; 
and  especially  one  who  but  yesterday  came  into  this  Chamber 
with  all  the  presence  of  his  manly  form,  but  now,  when  we 
meet  again  this  morning,  lies  close  to  the  edge  of  the  dark 
river." 

When  the  journal  had  been  read.  Senator  Sherman  moved 
to  adjourn,  and  the  motion  was  agreed  to,  without  a  voice 
being  heard,  after  a  session  of  only  nine  minutes.  Everyone 
whom  I  met  in  the  Senate,  and  throughout  the  building,  was 
silent  and  sad.  I  soon  ascertained  the  cause.  Senator  Sum- 
ner was  dying  ! 

I  went  to  the  House  of  Representatives  to  get  away  from 
the  gloom,  but  found  the  shadow  wherever  I  went.  I  re- 
mained in  the  Hall  until  three  o'clock,  and  was  just  on  the  point 
of  leaving,  tvhen  the  Speaker  rose  and  in  a  trembling  voice  re- 
marked : 

"The  Chair  lays  before  the  House  the  following  telegram 


A    VACANT  CHAIR.  157 

this  moment  received."      And  then,  amid  painful  silence  and 
suspense,  the  Clerk  read  : 

"  Senator  Sumner  died  at  ten  minutes  before  three  o'clock." 

The  effect  of  the  announcement  was  startling.  The  vast 
audience  seemed  dazed  and  actually  gasped  for  breath,  and  the 
House  at  once  adjourned.  It  is  needless  to  describe  the  sensa- 
tion produced  throughout  the  city  and  throughout  the  land. 
The  news  of  that  death  instantly  spread  like  a  dark  and  heavy 
pall  over  the  Republic  and  enveloped  everyone  in  sorrow  ! 

The  next  day  the  Senate  adjourned  after  passing  resolutions 
in  regard  to  the  funeral  arrangements,  and  the  House  did  like- 
wise. On  Friday,  the  13th,  the  Senate  assembled  at  the  usual 
hour.  The  desk  and  chair  of  the  deceased  Senator  were  cov- 
ered with  crape,  and  the  walls  of  the  room  were  heavily  draped 
in  mourning.  The  Senators  came  in  noiselessly.  The  air  was 
oppressive,  and  the  Senate  floor  and  galleries  were  strangely 
silent  when  the  Diplomatic  Corps  arrived,  dressed  in  black, 
and  took  the  seats  prepared  for  them.  Then  entered  the 
House  of  Representatives  in  a  body,  the  Senators  standing  as 
the  members  were  being  seated  ;  and,  following  the  Representa- 
tives, came  the  Supreme  Court  of  the  United  States,  and  the 
President  and  his  Cabinet. 

Immediately  afterward  the  Committee  of  Arrangements  was 
announced.  Then  came  a  solemn  procession  :  the  casket  con- 
taining the  remains  of  the  dead  statesman  borne  by  six  officers, 
and  escorted  by  the  Committee  of  Arrangements  of  the  House 
and  Senate,  the  pall-bearers,  and  mourners.  As  the  cortege 
entered,  the  Chaplain  of  the  Senate,  who  preceded  it,  slowly 
repeated  the  words  :  "I  am  the  resurrection  and  the  life  :  he 
that  believeth  in  me,  though  he  were  dead,  yet  shall  he  live — " 
and  all  the  people  rose  reverently  to  their  feet  and  stood,  with 
bowed  heads,  while  the  procession  advanced  to  the  catafalque 
in  front  of  the  Secretary's  desk. 


158  AMONG    THE  LAW-MAKERS. 

After  an  impressive  pause,  the  religious  services  were  begun, 
conducted  by  the  Chaplain  of  the  House  and  the  Chaplain  of 
the  Senate.  Upon  their  conclusion,  the  President  pro  tempore 
(Senator  Carpenter)  said  : 

"  The  services  appointed  to  be  performed  by  the  Committee 
of  Arrangements  having  been  terminated,  the  Senate  of  the 
United  States  intrusts  the  mortal  remains  of  Charles  Sumner 
to  its  Sergeant-at-Arms  and  a  Committee  appointed  by  it, 
charged  with  the  melancholy  duty  of  conveying  them  to  his 
home,  there  to  be  committed  earth  to  earth,  ashes  to  ashes,  in 
the  soil  of  the  Commonwealth  of  Massachusetts.  Peace  to  his 
ashes  !  " 

The  coffin  having  been  closed,  the  procession  again  formed, 
and  as  it  left  the  Chamber  the  spectators  rose,  glancing  after  it 
with  eyes  almost  obscured  by  tears.  The  casket,  followed 
by  thousands  of  people,  and  with  the  church  bells  of  the  city 
mournfully  tolling,  was  conveyed  to  its  car,  and  at  three  o'clock 
the  funeral  train,  all  draped  in  black,  moved  slowly  and  silently 
away. 

Previous  to  the  obsequies  in  the  Senate-chamber,  the  re- 
mains lay  in  state  in  the  rotunda  of  the  Capitol  ;  but  notwith- 
standing the  cold,  bleak  day,  the  crowd  was  so  great  that  many 
persons  failed  to  gain  admission.  Arriving  in  Boston,  the  peo- 
ple of  Massachusetts  were  afforded  an  opportunity  to  look  once 
more  upon  the  face  of  their  beloved  Senator  ;  and  as  the  sun 
went  down  on  Monday,  the  i6th  of  March,  the  casket  was  ten- 
derly consigned  to  the  ground. 

The  ceremonies  reminded  me  of  those  I  had  witnessed  at 
the  Capitol  a  year  before.  Yet  what  a  contrast  !  Then  the 
city  was  in  holiday  attire  and  the  nation  rejoiced  at  the  begin- 
ning of  a  new  Administration.  On  this  occasion,  the  city  was 
shrouded  in  the  emblems  of  woe,  and  the  voice  of  the  nation 
was  choked  in  grief.     And,  as  Senator  Anthony  so  feelingly 


A    VACANT  CHAIR.  159 

said,  the  sad  intelligence  of  the  death  of  this  great  Senator  had 
extended  beyond  the  shores  of  our  own  country,  arousing  pro- 
found regret  and  sympathy  "  wherever  Humanity  weeps  for  a 
friend,  wherever  Liberty  deplores  an  advocate  !   ' 

Upon  the  death  of  a  Senator  or  Representative,  it  is  cus- 
tomary for  both  Houses  to  set  aside  a  day  for  memorial  ser- 
vices.* In  accordance  with  this  usage,  the  Senate,  on  April 
27th,  resolved,  "  That,  as  an  additional  mark  of  respect  to  the 
memory  of  Charles  Sumner,  long  a  Senator  from  Massachusetts, 
business  be  now  suspended,  that  the  friends  and  associates  of 
the  deceased  may  pay  fitting  tribute  to  his  public  and  private 
virtues."  The  House,  on  the  same  day,  "  in  sympathy  with 
the  action  of  the  Senate,"  adopted  a  similar  resolution. 

I  need  not  dwell  upon  what  was  said.  Partisan  animosities 
were  forgotten,  and  men  of  opposite  political  faiths  vied  with 
one  another  in  eulogizing  the  life  and  character  of  the  dead 
Senator.  The  demonstration  in  Congress  was  but  one  of  many 
held  throughout  the  country.  At  last,  everyone  was  able  to 
look  calmly  and  dispassionately  upon  his  deeds,  and  estimate 
them  at  their  worth.  But  it  had  not  been  so  during  his  career. 
His  independence  and  fearlessness  of  thought  and  action  had 
aroused  the  fury  of  all  parties  ;  and  partisan  hate  is  almost  im- 
placable. W'hen  Charles  Sumner  entered  upon  his  duties  as  a 
Senator,  he  was  treated  by  his  adversaries  in  the  Senate  in  a 
manner  which  violated  all  the  courtesies  of  that  body.  He 
died — respected  by  all,  one  of  the  foremost  statesmen  of  the 

It  is  not  the  design,  nor  is  it  the  province,  of  this  volume  to 
criticize  political  factions  or  their  principles.  Parties,  like  the 
men  composing  them,  are  necessarily  fallible  ;  they  have  their 

*  Upon  the  ti-rmination  of  the  exercises  it  is  also  usual,  "as  a  further  mark  of  re- 
spect," to  adjourn  for  the  day. 


l60  AMONG    THE  LAW-MAKERS. 

virtues — they  have  also  imperfections.  Good,  upright  citi- 
zens entertain  opposite  poHtical  views  ;  and  the  man  of  hon- 
est convictions,  with  the  courage  to  express  them — although 
we  may  think  them  erroneous — is  always  entitled  to  our 
respect. 

But  a  politician  is  one  thing— a  statesman  is  another.  The 
former  \\\\\  favor  any  party  in  order  to  gain  personal  advantage  ; 
the  latter  will  oppose  all  parties  in  the  maintenance  of  what  he 
conceives  to  be  right.  And  it  was  because  Charles  Sumner 
was  a  statesman  that  honorable  men  of  all  shades  of  opinion 
joined  in  honoring  his  memory,  by  testifying  to  the  purity  of 
his  motives  and  the  exalted  dignity  of  his  life.  The  sincer- 
ity of  his  convictions  none  could  question  ;  and  those  famil- 
iar with  the  perils  and  the  opposition  he  had  encountered 
in  their  utterance  best  understood  the  moral  grandeur  of  his 
character. 

The  day  on  which  he  took  the  oath  as  Senator  was  the  ist  of 
December,  1851,  and  he  was  snubbed  at  the  very  threshold  of 
his  duties.  He  was  a  member  of  neither  of  the  two  great  political 
parties  then  struggling  for  supremacy ;  and  was,  accordingly, 
refused  a  place  on  any  committee,  for  the  reason  that  he  *'  be- 
longed to  no  healthy  political  organization."  At  that  time 
slavery  was  one  of  the  "  institutions  "  of  America,  and  he  went 
to  the  Senate  determined  on  its  destruction.  His  enemies 
knew  this,  and  for  weeks  and  months  they  prevented  him  from 
speaking. 

On  August  26,  1852,  during  the  closing  days  of  that  session, 
a  general  appropriation  bill  came  up  for  consideration.  Among 
its  clauses  was  a  provision  for  meeting  certain  "  extraordinary  " 
judicial  expenses.  Translated,  that  term  meant,  expenses  in- 
curred in  the  capture  and  return  to  their  owners  of  run-away 
slaves,  under  what  was  known  as  the  Fugitive  Slave  Act. 
Charles  Sumner's  moment  had  at  length  arrived.     He  arose, 


A    VACANT  CHAIR.  l6l 

and  sent  to  the  Clerk's  desk  an  amendment  to  the  section — to 
repeal  and  declare  null  and  void  the  law  for  whose  execution 
the  appropriation  was  designed.  He  then  took  the  floor.  Let 
me  tell  you  how  he  began  : 

"  And  now,  at  last,  among  these  final  crowded  days  of  our 
duties  here,  but  at  this  earliest  opportunity,  I  am  to  be  heard  ; 
not  as  a  favor,  but  as  a  right.  The  graceful  usages  of  this 
body  may  be  abandoned,  but  the  established  privileges  of  de- 
bate cannot  be  abridged.  Parliamentary  courtesy  may  be  for- 
gotten, but  parliamentary  lazv  must  prevail.  The  subject  is 
broadly  before  the  Senate.  By  the  blessing  of  God,  it  shall  be 
discussed  !  " 

And  it  was  discussed  !  For  three  hours  and  a  quarter, 
while  enemies  scowled  and  uttered  imprecations  behind  his 
back  and  others  glared  him  in  the  face,  he  championed  the 
cause  of  the  oppressed  and  denounced  the  infamy  of  the  enact- 
ment. When  he  had  concluded,  he  was  assailed  by  the  coars- 
est of  insults — insults  which  only  two  of  his  associates  took  oc- 
casion to  discountenance  or  rebuke.  His  amendment  was  lost. 
Forty-seven  Senators  voted  against  it  ;  only  four  voted  in  its 
favor.  Those  four  were  memorable  men — Salmon  P.  Chase, 
John  P.  Hale,  Charles  Sumner,  and  Benjamin  F,  Wade. 

That  speech  (as  Senator  Chase  then  predicted)  marked  an 
era  in  American  history.  But  I  refer  to  it  as  containing  one 
of  the  noblest  declarations  ever  uttered  in  legislative  halls  : 

"  I  HAVE  NEVER  BEEN  A  POLITICIAN.  ThE  SLAVE  OF 
PRINCIPLES,  I  CALL  NO  PARTY  MASTER." 

The  triumph  of  those  principles  he  lived  to  sec  ;  and  the 
tribute  paid  to  his  memory  by  his  honored  friend  and  associate 
was  as  just  as  it  is  eloquent  :  "  His  eulogy  is  his  life  ;  his 
epitaph  is  the  general  grief;  his  monument,  builded  by  his  own 
hands,  is  the  eternal  statutes  of  freedom." 

A  friend  of  humanity,  his  policy  was  peace,  and  the  settle- 
II 


1 62  AMONG    THE  LAW-MAKERS. 

nient  of  disputes  between  nations  by  arbitration  instead  of  by 
the  sword  was  one  of  his  fondest  dreams.  Possessed  of  such 
benign  and  noble  sentiments,  on  the  2d  of  December,  1872,  he 
introduced  a  bill  which  he  requested  to  have  "  read  in  full  for 
information."  I  shall  give  it  here,  for  to  carry  it  to  the  desk 
was  one  of  my  first  acts  as  a  page.     It  was  as  follows  : 

A  BILL  to  regulate  the  Army  Register  and  the  Regimental  Colors  of 
the  United  States. 

Whereas,  the  national  unity  and  good-will  among  fellow-citizens 
can  be  assured  only  through  oblivion  of  past  differences,  and  it  is  contrary 
to  the  usage  of  civilized  nations  to  perpetuate  the  memory  of  civil  war  : 
Therefore, 

Be  it  enacted  by  the  Se?iate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  names  of  battleS  with 
fellow-citizens  shall  not  be  continued  in  the  Artny  Register  or  placed  on 
the  regimental  colors  of  the  United  States. 

The  bill  was  ordered  to  be  printed,  and  that  was  the  end  of 
its  pilgrimage  in  Congress.  It  never  became  a  law.  But  it 
was  discussed  elsewhere.  The  legislature  of  Massachusetts 
heard  of  it,  and  shook  with  indignation.  The  act  of  Senator 
Sumner  was  stigmatized  as  "an  attempt  to  degrade  the  loyal 
soldiery  of  the  Union  and  their  grand  achievements  ;  "  and  a 
resolution  of  censure  was  introduced  and  passed.  The  men 
who  voted  for  that  resolution  could  not  have  known  their 
Senator  well.  Charles  Sumner  insult  a  Union  soldier  !  His 
whole  life  was  a  refutation  of  the  charge  ! 

One  little  incident  may  be  told.  A  page  once  brought 
to  the  Senator  an  application  of  an  old  man  for  office,  and 
asked  him  if  he  would  endorse  it.  Mr.  Sumner  did  not  know 
the  applicant,  and  told  the  page  that  he  thought  his  name 
would  have  no  influence,  and  that  (because  of  his  relations  with 
the  Administration)  he   preferred  not   to   endorse  the   paper. 


A    VACANT  CHAIR.  1^3 

The  page  still  insisted,  and  the  Senator  was  finally  obliged  to 
firmly  but  gently  decline.  The  boy  slowly  retired,  mur- 
muring :   "  I  am  very  sorry,  Senator  ;   he  is  an  old  soldier " 

"  A  soldier,  did  you  say,  my  child?  Come  back  !  "  cried  the 
Senator  ;  and,  taking  the  paper  from  the  page's  hand,  he  wrote 
upon  it  a  lengthy  endorsement.  What  became  of  the  applica- 
tion, I  do  not  know  ;  if  it  failed,  it  could  not  have  been  for 
want  of  fervent  commendation. 

The  resolution  of  censure  was  an  injustice  which  would 
have  provoked  some  men  to  wrath.  But  with  Mr.  Sumner  it 
was  otherwise — not  anger,  but  grief.  He  had  served  his  State 
for  more  than  twenty  years,  and  she  had  stood  proudly  by  him 
in  all  his  efforts.  That  she  should  now,  after  his  long  and 
faithful  career,  misinterpret  his  motives,  withdraw  her  confi- 
dence, and  brand  him  with  reproach,  was  perhaps  the  heaviest 
blow  he  ever  sustained.  Its  effect  upon  him  was  visible  not 
only  to  friends  but  to  strangers.  His  manner  betrayed  that 
it  bore  upon  his  mind.  Yet  that  session  wore  away  and  De- 
cember, 1873,  appeared,  and  the  Senator  was  again  found  at 
his  seat  on  the  opening  day,  this  time  to  introduce  his  famous 
Civil  Rights  Bill  — the  first  bill  of  the  session.  But  as  the  days 
slipped  by,  his  face  was  less  frequently  seen  in  the  Senate. 
December,  January,  February  passed — his  visits  were  few  and 
brief. 

On  the  lOth  of  March,  however,  he  was  in  attendance.  I  re- 
member it  well.  I  had  not  seen  him  for  quite  a  while,  and  he 
called  me  to  his  chair.  I  thought  he  looked  more  cheerful  than 
usual,  and  asked  after  his  health.  As  he  whittled  the  end  of  his 
penholder,  he  smilingly  chatted  with  me,  and  stated  that  he  had 
come  to  the  Senate  to  hear  pleasant  news.  Scarcely  had  he 
made  the  remark,  when  Mr.  Boutwell,  his  colleague,  arose  and 
sent  up  to  the  Clerk's  desk  to  be  read  a  resolution  of  the  ]\Iassa- 
chusetts  legislature.      As  the  Clerk  proceeded,  all  eyes  turned 


l64  AMONG   THE  LAW-MAKERS. 

upon  Senator  Sumner,  who  was  eagerly  listening.     It  was  a 
resolution  rescinding  the  vote  of  censure  ! 

Shortly  after  the  reading,  the  Senator  left  the  Chamber,  and 
as  I  parted  from  him  at  the  door,  he  shook  hands  and  said, 
"  Good-by  !  "  It  was  his  last  word  to  me.  The  next  day  he 
was  dead ! 


CHAPTER  XX. 

OBSTRUCTION. 

In  all  enlightened  Governments  are  found  numerous  restric- 
tions upon  the  power  of  superior  numbers,  who,  without  these 
restraints,  might  utterly  disregard  the  rights  of  their  weaker 
opponents.  These  checks  are  not  based  upon  mere  senti- 
ments of  chivalry  and  magnanimity — they  are  founded  upon 
the  loftier  rule  of  justice.  Their  object  is  to  protect  "  the  rights 
of  minorities  ;  "  and  this  protection  is,  in  one  regard,  peculiarly 
afforded  by  the  Constitution  of  the  United  States. 

The  sixty  millions  of  people  who  constitute  this  nation  are 
people  of  all  classes  and  conditions,  and  with  varied  and  (in 
many  respects)  conflicting  interests  and  views  ;  and  it  is  but 
proper,  and  in  accordance  with  our  republican  system,  that 
these  various  classes  shall  be  represented  in  the  administration 
of  their  common  Government.  It  is  because  there  is  not  per- 
fect harmony  of  interests  and  views  upon  the  part  of  the  peo- 
ple that  differences  and  dissensions  occur  among  their  repre- 
sentatives in  Congress. 

There  is  no  absolute  protection  for  the  minority  in  mere 
"  rules  of  proceedings,"  for  rules  can  be  suspended,  modified, 
or  amended  at  any  time  by  the  majority  of  the  body  that  has 
established  them,  and  thus  a  large  majority  might  ride  rough- 
shod over  the  interests  of  the  minority.  Although  the  stand- 
ing rules  of  each  House  are  supposed  to  provide  for  the  ex- 
pression of  all   shades   of  opinion   concerning  a  matter  under 


1 66  AMONG    THE  LAW-MAKERS. 

discussion,  the  majority  of  each  House,  when  pressed  for  time, 
or  in  other  emergencies,  and  when  deemed  expedient  in  order 
to  ensure  or  facihtate  the  legislation  which  they  desire  enacted, 
destroy  even  these  "  standing  rules"  by  adopting  certain  tejJt- 
porary  orders.  In  such  a  predicament,  when  a  measure  objec- 
tionable to  the  minority  is  brought  forward  and  is  attempted 
to  be  put  through  by  the  majority  in  power,  the  minority  have 
but  one  recourse — to  fight  it  by  motions  and  arguments  intend- 
ed solely  to  cause  delay  and  consume  time,  and  by  thus  reduc- 
ing the  struggle  to  a  question  of  mere  physical  endurance,  to 
wear  out  their  opponents  and  force  them  to  abandon  the  at- 
tempt, or  continue  the  fight  until  the  hour  of  twelve  o'clock 
strikes  on  the  4th  of  March  and  sounds  the  death-knell  of  the 
Congress  and  of  all  the  measures  which  belonged  to  it.  These 
dilatory  tactics  are  known  in  the  technical  language  (or  rather 
"  slang  ")  of  parliamentary  procedure  as  "  filibustering." 

When  the  "  filibusters,"  or,  as  they  are  styled  by  their  more 
dignified  antagonists,  "  obstructionists,"  think  proper  to  adopt 
this  line  of  action,  resort  is  had  to  various  artifices. 

The  chief  rules  that  are  singled  out  and  utilized  for  filibus- 
tering purposes  are  those  respecting  adjournment.  Naturally, 
the  primary  object  of  a  filibustering  movement,  if  it  is  evident 
that  the  majority  intend  to  push  the  measure  to  a  final  vote,  is 
to  terminate  the  proceedings  by  an  adjournment  for  the  day, 
and  then  do  the  same  thing  oyer  again  should  the  effort  be  con- 
tinued upon  re-assembling.  Now,  it  is  manifestly  proper  that 
the  majority  should  always  have  it  within  tJieir  power  to  termi- 
nate their  sessions  whenever  they  see  fit,  as  otherwise  they 
would  be  at  the  mercy  of  the  minority.  Hence  it  is  that  the 
motion  to  adjourn  takes  precedence  over  all  other  motions,  and 
is  always  in  order — except,  of  course,  when  a  vote  is  being 
taken  or  when  a  speaker  has  the  floor  and  refuses  to  be  inter- 
rupted, in  which  two  cases  710  motion  can  be  entertained.     But 


OBS  TR  UC  TION.  1 67 

if  a  motion  is  made  to  adjourn  and  is  defeated,  "some  other 
business  must  intervene  "  before  it  can  be  renewed.  Next  to  a 
motion  "  to  adjourn  "  in  order  of  precedence,  during  the  pen- 
dency of  a  question,  come  motions  "  to  take  a  recess,"  "to 
proceed  to  the  consideration  of  executive  business,"  "to  lay 
on  the  table,"  etc.  The  way  these  motions  are  used  in  fiHbus- 
tering  would  be  somewhat  as  follows  : 

Suppose  it  is  five  o'clock  on  Monday  afternoon,  and  that 
filibustering  is  going  on  in  the  Senate.  A  Senator  belonging 
to  the  minority  moves  to  adjourn.  The  majority,  of  course, 
are  bent  on  reaching  a  final  vote  on  the  pending  question,  and 
are  determined  to  "  sit  it  out."  By  force  of  greater  numbers, 
they  promptly  defeat  the  motion.  Then  the  same  or  another 
obstructionist  moves  to  take  a  recess  until  seven  o'clock.  This 
is  also  defeated.  Then  the  minority  move  again  to  adjourn. 
Also  defeated.  Then  a  motion  is  made  to  do  something  else — 
perhaps  to  go  into  executive  session  (although  there  may  not 
be  any  executive  business  on  hand  !)  or  to  adjourn  to  Wednes- 
day, or  take  a  recess  until  eight  o'clock  that  evening.*  Any  or 
all  of  these  motions  are  made  and  defeated.  The  motion  to  ad- 
journ is  renewed  with  the  same  result,  then  comes  the  motion 
for  recess  (lost),  then  to  adjourn  (also  lost),  to  take  a  recess,  to 
adjourn,  to  take  a  recess,  to  adjourn,  to  take  a  recess,  to  ad- 
journ— that  is  the  way  it  goes,  just  as  persistently  as  the  p7-o 
forma  amendment ;  and  XhdX's  filibicstertng  ! 

"  They  had  an  unusual  amount  of  filibustering  in  the  House  of  Representatives  in 
1885,  wasting  day  after  day  of  valuable  time.  Both  parties  were  very  stubborn,  but  the 
minority  finally  prolonged  the  matter  so  near  to  the  4th  of  March  that  the  majority  had 
to  "  give  in."  One  evening,  among  a  goodly  number  of  other  filibustering  motions,  it 
was  moved  to  take  a  recess  until  a  certain  hour  that  night — say  twelve  o'clock.  .V 
"  Call  of  the  House  "  for  a  quorum,  or  some  other  matter  that  intervened,  consumed 
the  better  part  of  the  night  without  a  vote  being  taken  on  the  motion,  and  the  curious 
spectacle  was  presented  of  the  members  of  the  House,  at  tivo  o'clock  in  the  morning, 
deliberating  whether  they  should  take  a  recess  until  tiuclvc  o'clock  that  night — that  is, 
go  back  and  take  a  recess  until  two  hours  before  ! 


1 68  AMONG    THE  LAIV-MAKERS. 

A  motion  to  adjourn,  or  to  take  a  recess,  or  to  proceed  to 
executive  business,  or  to  lay  a  matter  on  the  table  is  not  de- 
batable. Accordingly,  when  such  a  motion  is  made,  a  vote 
must  be  taken  upon  it  at  once  ;  and,  if  decided  by  a  simple 
I'iva  voce  vote,  which  does  not  take  a  minute,  no  advantage  is 
gained,  and  the  minority  would  soon  tire  themselves  instead  of 
their  opponents  by  making  motions  every  other  minute  or  so. 
This  would  never  do,  of  course,  for  if  the  majority  will  not 
consent  to  any  of  these  dilatory  motions,  the  great  point  then 
is  to  waste  time.  This  is  accomplished  either  by  making  some 
motion  that  is  debatable,  or  by  the  way  in  which  the  vote  is 
taken. 

There  are  different  modes  of  taking  a  vote.  First  and  sim- 
plest, there  is  the  viva  voce  vote.  Suppose  a  motion  is  made 
to  adjourn  ;  the  presiding  officer  stands  up  and  puts  the  question 
thus  :  "  The  Senator  from  North  Carolina  moves  that  the  Sen- 
ate do  now  adjourn.  Those  in  favor  of  the  motion  will  say 
'  aye  '  ;  "  and  then  he  pauses  for  a  moment  while  the  minority 
respond,  after  which  he  continues  :  "  Those  opposed  will  say 
'  no  '  ;  "  whereupon  the  majority  instantly  thunder  forth  their 
vote,  and  the  presiding  officer,  without  taking  breath,  concludes  : 
"  The  'Noes'  have  it,  and  the  Senate  refuses  to  adjourn." 

A  second  way  of  voting  is  by  "  division  "  or  "  count,"  and 
if  demanded,  the  presiding  officer  says  :  "  Senators  in  favor  of 
the  motion  that  the  Senate  do  now  adjourn,  will  rise  and  stand 
until  counted,"  and  then  he  takes  his  seat  for  a  moment  while 
the  Clerk  takes  a  lead-pencil  and  slowly  points  at  the  Senators 
standing,  and  announces  the  number  to  the  Chair,  who  says: 
"  The  '  Ayes  '  will  be  seated,  and  the  '  Noes  '  will  rise."  There- 
upon those  opposed  are  counted,  and  the  vote  is  then  an- 
nounced. In  the  House,  the  Speaker  does  the  counting.  He 
grasps  the  mallet-end  of  his  gavel,  and  rapidly  shakes  the  handle 
at  the  throng.      It  used  to  delight  me  to  watch  Speaker  Blaine 


OBS  TR  UCTION.  1 69 

go  through  that  performance.  He  could  move  the  gavel  as 
fast  as  a  sleight-of-hand  man.  Of  course  the  Speaker  endeavors 
to  count  only  members  of  the  House,  but  in  the  confusion  and 
rapid  counting,  he  is  liable  to  count  other  persons  whom  he  ob- 
serves standing,  without  looking  to  see  who  they  are,  and  we 
pages  took  advantage  of  such  times  to  distinguish  ourselves. 
I  have  often  been  in  the  House,  with  a  troop  of  Senate-pages, 
all  bent  upon  fun  or  mischief;  and  during  a  count,  when  every- 
thing was  in  disorder,  we  would  jump  up  on  vacant  chairs  or 
other  articles  of  furniture  to  render  us  as  tall  as  men,  and  thus 
ensure  our  being  counted  in  the  vote.  I  have  no  doubt  I  have 
thus  helped  to  decide  many  important  questions  of  interest  to 
the  American  people.  I  may  mention  that  we  also  often  voted 
in  the  Senate.  When  the  Senate  remained  in  session  until  late 
at  night,  or  even  during  the  afternoon  when  we  were  tired  out, 
we  many  a  time  voted  "  aye "  on  a  viva  voce  vote  to  ad- 
journ and  thus  increased  the  noise.  And  we  considered  such 
conduct  not  only  justifiable,  but  really  praiseworthy,  believing 
that,  inasmuch  as  by  parliamentary  rule  a  motion  to  adjourn 
was  always  in  order,  it  necessarily  and  logical!}^  followed  that  it 
was  always  time  to  adjourn. 

A  -third  way  of  voting,  often  followed  in  the  House,  is  by 
"  tellers. "  A  demand  for  tellers  being  supported  by  a  sufficient 
number  of  members,  the  Speaker  appoints  two  of  the  Represen- 
tatives (generally  the  member  making  the  demand  and  the  mem- 
ber leading  the  Opposition),  and  they  walk  from  their  seats  to 
the  "  area  of  freedom  "  in  front  of  the  desk  and  shake  hands. 
This  hand-shaking  is  always  gone  through  with,  although  a  few 
moments  before  the  members  designated  for  it  may  have  been 
rather  angry  at  each  other.  Then  the  Speaker  notifies  the  mem- 
bers in  favor  of  the  motion  to  "  pass  between  the  tellers  and  be 
counted  ;  "  whereupon  the  minority  (for  I  am  assuming  that  all 
this  voting  is  pure  filibustering)  swarm  down  the  aisles  leading 


I/O  AMONG    THE  LAW-MAKERS. 

from  their  seats  and  mass  themselves  around  the  tellers,  who 
hurry  them  through,  one  at  a  time,  giving  each  one  a  tap  on 
the  back  as  he  passes  through,  by  way  of  keeping  the  tally,  the 
members  passing  between  them  surging  up  the  centre  aisle,  or 
crowding  around  the  tellers  and  returning  to  their  seats  the 
shortest  way.  Then  those  opposed  to  the  motion  pass  between 
and  are  counted,  and  the  tellers  report  the  result  to  the  Speaker, 
who  in  turn  announces  it  to  the  House. 

The  first  two  of  these  methods  are  common  to  both  bodies,* 
and  the  third  is  peculiar  to  the  House  alone.  This  last  mode 
necessarily  consumes  considerable  time,  but  the  other  methods 
are  comparatively  brief.  But  the  Constitution  puts  into  the 
hands  of  the  filibusters  still  another  formidable  weapon — "the 
demand  for  the  *  Yeas  and  Nays  '  !  "  f 

When  the  "Yeas  and  Nays"  are  demanded,  the  presiding 
officer  of  the  Senate  generally  says  :  "  The  '  Yeas  and  Nays  '  are 
demanded  ;  is  there  a  second  ?  "  and  the  Senators  as  a  rule  raise 
their  hands  in  such  numbers  that  the  Chair  goes  on  to  say  : 
"A  sufficient  number  up,  and  the  '  Yeas  and  Nays '  are  or- 
dered." Then  he  rises  from  his  seat  and  says  :  "  Senators, 
those  of  you  who  are  in  favor  of  the  motion  that  the  Senate  do 
now  adjourn  Avill,  as  your  names  are  called,  say  *  aye  '  ;  those 
opposed  will  answer  '  no  ;'  and  the  Secretary  will  call  the  roll." 
In  the  House,  the  members  rise  upon  the  question  of  taking  the 
vote  by  "  Yeas  and  Nays,"  and  are  counted  ;  whereupon  the 
Speaker  goes  through  a  similar  announcement,  always  conclud- 

" Another  way  of  voting  is  by  "ballot,"  but  it  is  resorted  to  only  on  exceptional 
occasions,  such  as  in  choosing  a  President  pro  tempore  of  the  Senate,  etc.  When 
this  is  done  in  the  Senate,  Captain  Bassett  and  Mr.  Christie  take  the  ballot-boxes 
kefjt  under  the  Vice-President's  desk,  and  pass  them  around  among  the  Senators  sit- 
ting in  their  seats,  each  of  whom  deposits  a  little  folded  slip  of  paper  on  which  he  has 
written  the  name  of  the  nominee  of  his  choice. 

t  "  The  yeas  and  nays  of  the  members  of  either  House  on  any  question  shall,  at  the 
desire  of  one-fifth  of  those  present, \ii  entered  on  the  Journal."  Constitution,  Art.  i. , 
Sec.  v.,  cl.  3. 


OBSTRUCTION. 


171 


ing  with  the  dreary  words — words  that  call  up  hideous  visions 
before  the  eyes  of  sleepy  clerks  and  pages  ! — "And  the  Clerk 

will  call  the   roll !  " 


An  Energetic  Filibuster. 


We  had  some  memorable  filibustering  in  my  day.     On  the 
night  of  May  22,  1874,  a  great  contest  in  the  Senate  over  the 


1/2  AMONG   THE  LAW-MAKERS. 

Civil  Rights  Bill  culminated  in  twenty  hours  of  work  !  The 
majority  had  determined  that  they  would  "  sit  the  bill  out"  that 
night.  So  they  assembled  in  force,  ready  to  pass  it  whenever 
they  might  see  their  chance.  The  minority  were  also  on  hand. 
Both  sides  were  nearly  exhausted.  As  the  hands  of  the  clock 
approached  the  hour  of  midnight,  there  was  scarcely  a  Senator 
in  the  room.  I  remember  that  Senator  Merrimon  led  the  mi- 
nority ;  Senator  Logan  "  watched  "  for  the  majority.  Senator 
Merrimon  had  the  floor,  with  the  unlimited  privilege  of  contin- 
uous debate  permitted  by  the  rules,  and  he  seemed  prepared 
to  talk  forever.  But  occasionally  he  paused  to  allow  another 
member  of  the  minority  to  make  a  motion  to  adjourn,  upon 
which  the  "Yeas  and  Nays"  would  be  ordered — "And  the 
Secretary  will  call  the  roll  !  " 

Those  words  were  the  signal  for  action,  "  Call  up  the  Sen- 
ators !  "  cried  Senator  Logan  ;  "  Call  up  the  Senators  !  "  came 
from  Senator  Merrimon  ;  and  off  we  went.  Well,  we  called 
them  up — and  they  voted  !  Then  Senator  Merrimon  resumed 
his  speech.  After  talking  for  a  while,  to  give  his  opponents 
time  to  disappear  and  get  to  sleep,  he  stopped  speaking,  and 
yielded  to  another  of  the  minority  to  move  an  adjournment. 

"  Call  up  the  Senators  !  "  shouted  both  sides  ;  "  Call  up  the 
Senators  !  "  echoed  Captain  Bassett.  This  is  how  we  pages 
called  them.  Each  of  us  would  rush  around  through  the  vari- 
ous rooms,  and  give  one  of  these  sleeping  Senators  a  little  tap, 
shouting,  "  Yeas  and  Nays  !  "  and  dart  away  to  find  another. 
Sometimes  a  dozen  pages  would  waken  the  same  Senator.  In 
fact,  we  usually  ran  in  a  line — all  together. 

Soon  the  sleepy  legislators  could  be  seen  creeping  into 
the  Chamber  from  all  directions,  half  awake,  with  dishevelled 
hair,  and  presenting  a  woe-begone  appearance  generally.  They 
would  mechanically  cast  their  votes,  the  motion  to  adjourn 
would  be  lost,  Senator  Merrimon  would  resume  his  speech,  and 


OBSTRUCTION.  1/3 

the  other  Senators,  except  the  "  watchers,"  would  again  vanish 
as  mysteriously  and  as  noiselessly  as  the  soldiers  of  Roderick 
Dhu. 

During  all  this  speech-making,  most  of  the  minority  were 
asleep.  They  depended  upon  Senator  Mcrrimon  (as  ^lost  of 
the  majority  depended  upon  Senator  Logan  and  their  other 
leaders)  to  wake  them  at  the  proper  time.  They  relied  upon 
him  to  do  all  the  talking.  He  was,  as  I  say,  prepared  to  do  it. 
But  he  made  ajnistake.  He  remembered  the  courtesy,  but  he 
forgot  the  rules,  of  the  Senate.  He  had  been  yielding  the  floor 
to  his  friends  whenever  he  saw  fit,  and  resuming  it  again  after 
they  had  said  whatever  they  wished.  Senator  Logan  at  last 
interfered.  He  raised  the  "  point  of  order  "  that  the  Senator 
from  North  Carolina  could  not  speak  "  more  than  twice  "  on 
the  matter  then  pending.  Senator  Merrimon  stood  aghast  ! 
The  presiding  officer  sustained  the  point  of  order. 

That  is  where  the  demoralization  of  the  minority  seemed  to 
begin.  At  ten  minutes  past  seven  o'clock  A.M.  the  majority 
passed  the  bill  ! 

How  would  you  like  to  be  a  filibuster  ? 


CHAPTER  XXI. 

NIGHT-SESSION  INFORMALITIES. 

So  far  as  the  personal  preferences  of  the  pages  were  con- 
cerned, night-sessions  were  our  happy  hours.  It  was  then  that 
our  propensities  for  mischief  obtained  full  play.  During  the 
waning  weeks  of  a  session,  when  resort  was  had  to  evening 
work,  it  was  customary  for  the  Senate,  late  in  the  afternoon,  to 
take  a  recess,  long  enough  to  afford  its  members  and  officers  an 
opportunity  to  bolt  their  dinners  and  enjoy  a  temporary  rest. 

Upon  re-assembling  after  this  recess,  the  Senate  would  pro- 
ceed with  its  ordinary  business  of  legislation  in  excellent  style. 
If,  as  was  probable,  the  House  was  also  in  session,  the  whole 
Capitol  was  illuminated,  and,  as  people  could  not  see  the  flags, 
a  light  would  be  placed  in  the  dome  to  indicate  that  Congress 
was  at  work.  This  was  a  grand  sight  to  a  person  at  a  distance. 
The  huge  edifice  loomed  boldly  against  the  evening  sky,  and 
shone  out  in  the  darkness  like  a  celestial  castle,  with  a  splendor 
that  could  be  seen  for  miles  around.  And  within  the  building 
the  scene  was  still  more  beautiful — it  was  brilliant — yes,  enchant- 
ing, and  reminded  me  of  the  scenes  in  fairy-land,  of  which  I  had 
so  often  read  in  my  younger  days. 

For  the  first  few  hours  everyone  would  realize  the  roman- 
tic beauty  of  the  occasion.  Visitors,  attracted  by  curiosity  or 
bent  on  amusement,  would  crowd  the  great  building,  and  the 
Senators,  feeling  the  exhilarating  influence  of  the  scene,  would 
move  about  the  Chamber  with  a  remarkable  buoyancy  of  step 


NIGHT-SESSION  INFORMALITIES.  1/5 

and  seem,  for  the  time-being,  to  have  regained  the  activity  of 
youth. 

By  midnight,  however,  there  would  come  a  change — a 
change  more  to  our  fancy.  The  visitors,  having  "seen  the 
show,"  would  return  to  their  homes,  and  leave  the  galleries  to  a 
few  idle  "owls,"  as  we  called  the  late  stayers.  The  Senators 
would  gradually  grow  more  and  more  drowsy,  and  retire  one 
by  one  to  the  cloak-rooms,  committee-rooms,  or  wherever  else 
they  could  find  unoccupied  sofas,  in  the  effort  to  catch  a 
moment's  rest.  From  this  time  forward  our  chief  duty  was  to 
seek  out,  arouse,  and  summon  the  Senators  when  wanted. 

As  the  night  advanced  we  began  our  practical  jokes,  of 
which  we  had  a  choice  variety.  When  the  House-pages  were 
about,  we  combined  our  ingenious  talents  and  roamed  the 
Capitol  from  one  end  to  the  other  in  search  of  prey.  Although, 
ordinarily,  we  looked  upon  one  another  as  enemies,  whenever 
it  came  down  to  mischief  we  were  the  warmest  friends. 

Our  most  formidable  and  dreaded  instruments  of  torture 
were  mucilage  and  ink.  If  we  caught  one  of  our  number 
asleep,  we  treated  him  with  severity  as  a  punishment  for  his 
neglect  of  duty.  One  night  I  was  so  tired  that  I  could  no 
longer  keep  my  eyes  open,  and  I  sank  upon  a  sofa  in  the  mar- 
ble room.  When  I  awoke,  I  found  that  a  Senator  had  crawled 
upon  the  sofa  between  me  and  the  wall,  and  I  saw  about  the 
room,  on  the  sofas,  in  the  chairs,  on  the  rugs,  and  on  the  cold, 
paved  floor,  Senators,  officers,  and  others,  jumbled  together  in 
every  conceivable  shape— a  grotesque  and  motley  crowd  ! — all 
in  the  Land  of  Nod.  I  judged  from  the  appearance  of  some 
of  these  sleepers,  and  from  the  sensation  of  my  own  face,  that 
a  band  of  decorators  had  passed  through  the  room,  and  rushed 
to  the  mirror  at  once.  My  worst  fears  were  confirmed.  I  was 
inked  over  in  spots  like  a  leopard,  while  the  mucilage  had  been 
applied  so  freely  and  had  dried  so  "  nicely,"  that  it  peeled  off 


1/6  AMONG    THE  LAW-MAKERS. 

my  face  like  sheets  of  mica.  Vowing  vengeance,  I  armed  myself 
with  a  bottle  of  mucilage  and  started  in  pursuit.  I  soon  came 
up  with  the  vandals  ;  but  seeing  from  the  number  that  hostilities 
would  be  useless,  I  made  a  treaty  of  alliance  and  joined  them  in 
their  tour. 

After  paying  our  compliments  to  the  Senate  side  of  the  Cap- 
itol, we  would  go  to  the  House  of  Representatives.  On  one  of 
these  rambles  we  procured  the  key  to  a  committee-room  where 
we  found  two  of  the  House-pages,  who  had  gone  there  for  se- 
curity, locked  in  each  other's  arms  and  the  arms  of  Morpheus. 
We  frescoed  them  artistically,  of  course  ;  and  when  we  had 
completed  our  work  of  ornamentation,  their  own  mothers  would 
not  have  recognized  them.  On  our  return  we  went  through 
the  cloak-rooms  of  the  House,  hiding  the  hats  and  canes  of  the 
members  and  otherwise  enjoying  ourselves. 

And  we  had  even  more  distinguished  allies  than  the  House- 
pages.  Frequently  Senators  have  met  us  on  our  travels,  and 
informed  us  where  we  could  find  a  victim.  As  a  reward  for 
such  kindness,  we  made  it  a  point  never  to  seriously  molest 
the  countenance  of  a  sleeping  Senator  ;  the  most  we  ever  did 
in  that  direction  was  to  give  him  a  dash  or  two  of  mucilage  that 
caused  him  to  feel  funny  when  he  awoke  and  tried  to  wrin- 
kle his  face.      Perhaps  the  less  said  on  this  subject,  the  better. 

Many  of  our  pranks,  however,  were  mild.  If  we  put  torpe- 
does under  the  gavel,  they  had  no  other  effect  than  to  make 
the  Vice-President  jump,  and  if  we  "  inadvertently"  dropped 
salt  instead  of  sugar  into  a  glass  of  lemonade,  the  Senator  for 
whom  it  was  intended  did  not,  as  a  rule,  discover  the  fact  until 
he  had  drained  the  glass  to  the  dregs  and  the  page  had  disap- 
peared from  sight. 

Our  best  fun  began  after  the  adjournment  of  the  Senate  late 
at  night.  Instead  of  going  to  our  homes,  we  obtained  the  keys 
to  the  cloak-rooms  or  the  committee-rooms,  and  remained  at 


NIGIIT-SESSION  INFORMALIIIES.  177 

the  Capitol  until  morning.  But  not  to  sleep.  That  would  have 
been  impossible.  We  were  veritable  "  imps  of  darkness,"  and 
as  soon  as  the  corridors  were  deserted  and  the  lights  extin- 
guished, we  came  forth  from  our  hiding-places. 

At  times  we  would  move  through  the  halls  softly,  like 
ghouls  ;  at  others,  as  the  fancy  seized  us,  we  would  rend  the 
air  with  discordant  shrieks.  On  one  of  these  expeditions  we 
made  so  hideous  a  din  that  some  of  the  Senators,  who  were 
holding  a  conference-meeting  in  a  committee-room,  requested 
the  police  to  arrest  us.  After  considerable  difficulty  the  officers 
succeeded  in  capturing  a  few  of  the  pages  and  put  them  in  a 
room  which  went  by  the  expressive  name  of  "  the  lock-up." 
But  the  uncaptured  pages  continued  to  shout ;  our  imprisoned 
comrades  howled  more  vigorously  than  before  ;  and  the  natural 
result  was  that  the  Senators,  finding  that  they  had  not  bettered 
their  own  condition,  sent  word  to  have  the  prisoners  released. 

There  was  one  page,  named  Arthur,  who  hailed  from  the 
same  State  as  myself,  and  was  known  as  my  "  colleague." 
Though  older  in  years,  he  was  my  junior  in  length  of  service. 
In  other  words,  I  was  the  "  senior  Senator  from  New  York  ;  " 
and  he  treated  me  with  proper  deference,  consulting  me  upon 
all  important  matters.  He  was  more  or  less  romantic,  and 
thought  that  it  would  be  an  adventure  worth  boasting  of  to 
spend  a  night  on  the  dome  of  the  Capitol.  So  one  warm  day 
in  summer  he  came  to  me  and  broached  his  plans.  But  there 
was  one  difficulty  in  the  way  of  their  accomplishment  that 
seemed  almost  insurmountable.  The  doors  leading  to  the 
dome  were  locked  every  evening  (the  police  having  first  re- 
quired all  visitors  to  descend)  and  not  re-opened  until  the 
morning  of  the  next  day. 

When  I  told  Arthur  that  I  could  obtain  the  keys,  he  was  so 
delighted  that  he  said  :  "  Well,  if  you  will  get  them,  I  will  set 
up  a  banquet  fit  for  a  king."  Then  after  a  pause,  as  if  he  had 
I- 


1/8  AMONG    THE  LAW-MAKERS. 

received  a  sudden  inspiration,  he  exclaimed  :  "  Yes  ;  we  shall 
have  a  banquet,  and  eat  it  on  the  dome.  The  very  thing  !  " 
And  he  went  into  raptures  over  the  prospect,  and  urged  me  to 
go  about  the  matter  at  once,  and  also  to  invite  a  reasonable 
number  of  friends  to  join  in  our  undertaking. 

We  decided  to  have  our  banquet  that  same  night,  after  the 
adjournment  of  the  Senate  ;  and  at  the  appointed  time  I  ap- 
peared at  the  rendezvous,  where  Arthur  and  the  other  pages 
were  impatiently  awaiting  me.  The  jingling  of  the  keys 
sounded  like  music  to  their  ears.  Arthur,  in  the  meantime, 
had  procured  from  a  caterer  a  sumptuous  repast  ;  and,  thus 
equipped,  we  cautiously  approached  the  entrance  to  the  dome 
and  soon  had  opened  the  door.  Without  locking  it  behind  us 
(a  fortunate  oversight,  as  events  proved  !),  we  began  the  ascent 
of  the  long  and  intricate  stairs  in  a  joyous  procession.  I  led 
the  way  to  open  the  doors,  holding,  besides  the  keys,  a  taper 
to  light  our  path  ;  then  came  Arthur,  carrying  a  heavy  basket, 
while  the  other  pages  followed  on,  each  with  his  arms  full  of 
precious  packages. 

Reaching  the  dome  in  safety,  we  deposited  our  bundles, 
and  were  all  duly  impressed  by  the  scene  before  us.  Hundreds 
of  feet  below  lay  the  city  of  Washington,  with  its  myriad  of 
twinkling  lights.  Around  its  boundaries  ran  the  waters  of  the 
Potomac,  forming  a  silvery  path  that  led  our  gaze  toward  the 
south,  where  the  eye  could  catch  the  glimmer  of  the  ancient 
village  of  Alexandria  and  the  dark  outlines  of  the  hills  of  Mary- 
land. It  was  a  calm,  pleasant,  beautiful  night !  The  stars 
were  doing  as  well  as  could  be  expected  of  such  tiny  things, 
and  the  moon  was  riding  through  the  heavens  with  her  custom- 
ary grace — now  hiding  behind  one  of  the  few  clouds  that,  with 
the  best  intentions,  had  come  out  to  help  her  in  her  vigil — now 
emerging  into  the  clear  blue  of  the  sky  like — like 

But  just  here  we  missed  Arthur.     I  walked  around  to  the 


lYIGHT-SESSION  INFORMALiriES.  1/9 

opposite  side  of  the  dome,  and  there  I  found  him,  staring  into 
vacancy — by  which  I  mean,  staring  heavenward  with  a  look  of 
profound  contemplation  worthy  of  an  aesthete.  I  did  not  dis- 
turb him,  but  came  back  and  told  my  companions  that  he  was 
safe.  Then  George,  who  was  chronically  hungry,  remarked 
that  it  was  a  good  time  to  attack  the  bundles.  We  instantly 
began  to  act  upon  the  suggestion,  and  devoured  the  luxuries 
with  marvellous  avidity.  This  interesting  proceeding  lasted 
quite  a  time.  As  the  last  hamper  was  emptied  and  the  last 
crumb  was  disposed  of,  v/e  heard  Arthur's  footsteps.  Without 
a  word,  without  a  signal,  we  instinctively  fled  through  the  door 
and  down  the  stairs,  and  in  a  few  moments  we  heard  hfm  follow- 
ing us,  screaming  at  the  top  of  his  voice.  It  was  an  exciting 
and  dangerous  flight ;  yet  on  we  went  through  the  darkness, 
the  iron  steps  thundering  beneath  our  feet,  the  vaulted  pas- 
sages echoing  the  noise,  and  the  vast  rotunda  hurling  it  back 
with  tenfold  rage  and  horror  !  But  we  made  the  descent  in 
safety,  and  just  as  we  reached  the  corridor,  Arthur  burst 
through  the  quivering  doors,  empty  basket  in  hand  ! 

To  detail  our  many  escapades  would  be  a  very  difficult  task. 
We  would  take  up  the  registers  in  the  cloak-rooms  and  crawl 
all  about,  through  the  ventilating  flues,  under  the  floor  of  the 
Senate-chamber,  among  pipes  and  other  heating  and  light- 
ing contrivances  that,  like  net-work,  ran  in  every  direction, 
looking  for — no  one  knew  what  !  The  fact  that  we  were  in 
utter  darkness  and  that  there  was  an  air- well  into  which  we 
might  fall  and  break  our  necks,  added  to  the  pleasure  of  such 
an  excursion.     With  us  it  was  as  with  Fitz-James,  for 

If  a  path  be  dangerous  known, 
The  danger's  self  is  lure  alone. 

We  had  an  ambition  to  go  where  no  one  else  had  ever 
been  ;  and,   with  this   laudable   motive,   we   extended  our   ex- 


I  So  AJ/OAG    THE  LAW-MAKERS. 

plorations  through  ev^ery  opening  in  the  building,  whether  in 
the  subterranean  caverns  far  below,  or  in  any  secret  recesses 
upon  the  roof  which  the  genius  and  tender  foresight  of  the  ar- 
chitect had  left  sufficiently  large  to  permit  the  introduction  of 
a  human  head.  And  whenever  a  boy's  head  went  through,  he 
soon  managed  to  pull  the  body  after  it. 

Once  we  crawled  into  the  pneumatic  tube,  constructed  for 
the  purpose  of  transmitting  documents  to  the  Government 
Printing-office,  a  half-mile  distant ;  and  having  crept  like  an 
army  of  snakes,  for  several  hundred  feet,  backed  out  again — 
the  tube  being  hardly  wide  enough  to  permit  our  passage, 
much  less  our  turning  around.  We  derived  immense  satisfac- 
tion from  this  exploit.  This  satisfaction  was  increased  when 
the  engineer  informed  us,  as  we  emerged  begrimed  with  dust, 
that  in  another  instant  we  would  have  been  annihilated  by  the 
ball  that,  filled  with  documents,  was  shot  with  lightning  veloc- 
ity from  the  farther  end.  This  may  have  been  true,  or  it  may 
have  been  said  to  deter  us  from  such  deeds.  At  any  rate,  we 
frequently  repeated  the  adventure. 

Our  rovings  were  often  rewarded  by  finding  rooms  and  ar- 
ticles the  existence  of  which  ^e\w  about  the  building  knew  or 
suspected.  In  the  large  room  of  pillars  immediately  above  the 
crypt,  there  was  a  trap-door.  Once,  opening  this,  we  de- 
scended an  old  stone  staircase,  and,  reaching  the  bottom,  soon 
found  ourselves  in  a  circular  room,  damp  and  cold,  and  nearly 
filled  with  broken  statuary  of  every  description — statesmen, 
griffins,  lions,  and  other  images.  The  flickerings  of  our  lights 
against  these  marble  figures  produced  a  ghastly  effect  that 
threw  us  into  an  ecstasy  of  bliss,  and  thereafter  we  always  used 
this  room  as  a  retreat  in  which  to  conduct  our  midnight  revels. 
It  was  there  we  also  held  our  solemn  conclaves  ;  and  the  spec- 
tacle of  such  a  session,  in  that  weird  and  dismal  place,  would 
have  chilled  the  blood  of  a  beholder  and  caused  him  to  think 


AUGHT-SESSION  INFORMALITIES.  l8l 

of  the  terrors  of  tlic  Inquisition  and  the  fearful  dehbcrations  of 
the  Council  of  Three  ! 

We  imagined,  also>  that  a  band  of  brigands  might  be  lurk- 
ing somewhere  in  these  secret  regions  ;  and,  to  frighten  them 
away,  we  prowled  through  the  subterranean  corridors  and  cel- 
lars, shouting  with  all  the  eloquence  of  healthy  juveniles,  and 
assisting  our  lungs  by  beating  on  tin  pans  and  other  musical 
instruments.  And  although  we  were  then  down  in  the  depths 
of  the  earth,  where  probably  none  but  pages  had  ever  trod  (or 
would  have  cared  to  tread)  since  the  laying  of  the  foundations 
of  the  Capitol,  and  surrounded  by  massive  walls  of  masonry, 
we  made  ourselves  heard  throughout  the  building  ;  and  the 
Goddess  of  Liberty  upon  the  dome,  hundreds  of  feet  above, 
must  have  shuddered  to  think  of  the  pandemonium  over  which 
she  was  thus  forced  to  preside  ! 


CHAPTER  XXII. 

INTO   THE   HURLY-BURLY. 

But  the  most  interesting  excursions,  after  all,  were  those  to 
the  "  Cave  of  the  Winds,"  where  the  sound-waves  roar  and 
rumble  and  dash  against  one  another  like  the  breakers  of  the 
sea,  and  where  the  moving  stalagmites  and  eyeless  fish — What's 
that  you  say  ?  You  do  not  know  where  it  is  ?  Why,  I  am  sur- 
prised !  No,  it  is  not  down  in  your  geographies.  The  "  Cave 
of  the  Winds  "  is  one  of  the  titles  by  which  the  House  of  Repre- 
sentatives is  known.  Perhaps  it  is  irreverent  to  speak  of  it  in 
that  way  ;  but  I  may  say  with  truth  that  while  the  House  of 
Representatives  is  undoubtedly  a  very  important  assembly,  it 
is  also  a  very  noisy  body.  This,  however,  constitutes  its  chief 
charm  to  a  great  many  sight-seers. 

Visitors  to  Washington  who  like  to  inhale  the  heavy  atmos- 
phere of  philosophy  generally  make  a  brief  visit  to  the  Senate, 
and,  after  thus  preparing  themselves,  drop  into  the  Supreme 
Court  room  and  gratify  their  philosophic  desires  to  their  hearts' 
content.  There  they  will  sit  for  hours  and  listen  to  the  black- 
gowned  judges  and  black-letter  lawyers  discussing  grave  ques- 
tions of  constitutional  law  and  quibbling  over  the  subtleties  and 
refinements  of  modern  pleading — now  engrossed  in  a  matter 
weighty  with  the  problems  of  human  government  and  civil 
liberty,  now  with  equal  solemnity  wending  their  way  through 
a  labyrinth  of  technicalities  and  forms  that  have  come  down 
from  antiquity,  venerable  with  age,  to  the  mind  of  the  lawyer, 


INTO    THE  HURLY-BURLY.  1 83 

but,  to  the  ear  of  the  ordinary  man,  as  bewildering  and  absurd 
as  the  everlasting  fable  of  John  Doe  and  Ricliard  Roe,  or  the 
"special  traverse  with  an  absque  hoc.''''  But  such  as  retain 
their  youthful  love  of  entertainment  go  to  the  House  of  Repre- 
sentatives. There  is  something  captivating  about  the  continu- 
ous buzz  buzz-buzz  that  distinguishes  that  body,  in  so  marked 
a  manner,  from  the  Senate. 

Not  long  ago  I  was  in  the  gallery  of  the  Senate  listening 
to  a  very  important  discussion.  The  subject  was  one  in  which 
the  average  American  would  be  supposed  to  take  a  deep  in- 
terest. Near  me  sat  several  fellow-citizens  who  seemed  to  be 
considerably  "  bored."  Finally  one  got  up  and,  addressing  his 
companions,  said  :  "  Well,  I've  had  enough  of  this.  Let's  go 
over  to  Congress  (!)  and  hear  them  talk  !  "  And  they  went 
there— that  is,  to  the  House.  I  wonder  what  they  thought  the 
Senators  were  doing  ! 

But  there  is  no  doubt  about  it  that  the  Representatives  do 
talk.  That  is  the  great  trouble — they  all  seem  to  talk  at  once. 
A  person  should  have  about  three  hundred  and  twenty-five  ears 
to  keep  track  of  one  of  their  running  debates. 

The  babel  of  voices  in  the  House  is  really  perplexing  to  one 
accustomed  to  the  serenity  of  the  Senate.  There  is  as  much 
difference  between  the  two  bodies  of  Congress  in  this  respect 
as  there  is  between  the  quiet  of  a  country  church  and  the  tur- 
moil of  a  city.  If  you  wish  to  test  the  matter,  when  in  Wash- 
ington, let  mc  tell  you  how  to  do  it.  First  go  to  the  Senate, 
then  walk  right  across  to  the  House.  Another  good  plan  is  to 
go  to  the  House  just  as  it  is  called  to  order.  I  have  tried  that 
experiment.  As  I  entered  the  gallery  the  Speaker  brought 
down  his  gavel.  There  was  instantaneous  silence.  The  mem- 
bers rose  to  their  feet,  and  the  Chaplain  offered  his  prayer. 
After  that,  the  noise  broke  out.  Then  I  tried  to  analyze  it. 
I  did  not  succeed  very  well  ;  but   there   was  in  it  a  little  of 


1 84  AMONG    THE  LAW-MAKERS. 

everything  that  makes  a  noise,  from  the  Httle  |ly  to  the  n" 
ocean.     It  was  a  buzzing,  gurgHng,  and  roaring,  all  com 
in  one  general  noise  ! 

How  far  the  title  of  "Cave  of  the  Winds"  is  due  to  the 
acoustic  properties  of  the  Hall,  I  do  not  know.  But  I  know  one 
thing — the  sound-waves  could  not  clash  unless  put  in  motion. 
Now,  what  puts  them  in  motion  ?     I  shall  tell  you. 

The  galleries  contribute  somewhat  to  this  noise,  but  the 
members  are  chiefly  responsible  for  it.  They  gather  around 
the  desks,  or  stand  in  the  narrow  aisles,  or  in  the  area  behind 
the  outer  row  of  seats,  and  discuss,  in  knots  of  from  three  to  a 
dozen  or  more,  some  interesting  question  of  politics,  or  possibly 
narrate  funny  anecdotes.  And  it  is  a  very  usual  sight  to  see 
one  of  the  Representatives  making  a  "  spread-eagle  "  speech, 
beating  the  air  with  his  arms  and  shouting  vehemently  away, 
and  not  one  of  his  three  hundred  and  twenty-four  associates 
showing  the  least  interest  in  what  he  is  saying.  Of  course, 
everything  that  is  said  by  such  a  speaker  is  taken  down  by  the 
reporters,  so  that  the  other  niembers  do  not  lose  anything  by 
not  listening.  Frequently  a  Congressman  does  not  go  to  the 
trouble  of  delivering  a  speech,  but  writes  it  out  and  then  ob- 
tains leave  of  the  House  to  have  it  printed  in  the  Record,  where 
it  can  be  seen  by  those  who  may  be  sufficiently  interested  to 
read  it. 

Sometimes,  however,  a  member  thinks  that  he  would  at 
least  like  the  privilege  of  hearing  himself  talk,  and  becomes  an- 
noyed by  the  excessive  confusion  in  the  Hall.  Then  the  Speaker 
will  command  order  and  exert  all  the  muscles  of  his  good  right 
arm  in  beating  with  the  hammer.  But  often  the  other  mem- 
bers persist  in  their  conversation,  notwithstanding  the  Speaker's 
cry  of  "  Order  !  "  each  group  of  culprits  feeling  that  it  is  not 
making  much  noise  and  ignoring  the  fact  that  every  whisper 
adds  to  the  objectionable  disturbance.     Under  these  circum- 


INTO    THE  HURLY-BURLY. 


I8: 


"  it  often  becomes  necessary  for  the  Speaker  to  take  ex- 
f^reasurcs  ;  and  the  most  effective  way  to  secure  quiet  is 


"  Everyone  Retreats  before  the  Symbol  of  Authority,  and  Retires  to  His  Proper  Place." 

for  him  to  suspend  the  proceedings  and  direct  the  Sergeant-at- 
Arms  to  take  the   mace  and  force  the   members  to  take  their 


1 86  AMONG    THE  LAW-MAKERS. 

seats.  When  so  directed  by  the  Speaker,  the  Sergeant-at- Arms 
carries  the  niace  in  front  of  him,  and,  as  he  walks  about  the 
room,  everyone  retreats  before  the  symbol  of  authority,  and 
retires  to  his  proper  place.  To  face  it  would  be  to  oppose  the 
power  of  the  House  of  Representatives.  Silence  being  thus  re- 
stored, the  proceedings  are  resumed.  It  generally  happens, 
however,  that  before  you  can  say  "  Jack  Robinson  "  most  of  the 
members  are  "  at  it  again,"  engaged  as  deeply  as  ever  in  con- 
versation, and  violating  the  injunction  of  their  presiding  officer. 
It  is  almost  an  impossibility  to  make  three  hundred  men  fold 
their  arms  like  school-boys,  and  the  Speaker  hardly  expects  to 
do  more  than  preserve  sufficient  order  to  enable  the  reporters  to 
hear  what  is  being  said. 

If  an  entertaining  speaker  obtains  the  floor,  the  members 
will  cluster  around  his  chair  and  clog  the  aisles  and  the  area  of 
freedom— only  to  be  driven  back  to  their  seats  by  the  Sergeant- 
at-Arms.  I  have  seen  such  a  crowd  dispersed  by  the  Speaker 
half  a  dozen  times  in  an  hour — but  back  they  were  sure  to 
come.  They  are  as  curious  as  boys,  and  fully  as  impetuous. 
They  do  not  seek  to  repress  their  emotions  ;  on  the  contrary, 
they  show  their  anger  or  their  pleasure  in  various  ways  and  on 
slight  provocation.  I  was  in  the  House  several  years  ago  when 
a  bill  was  returned  to  it  by  the  President  with  his  veto.  The 
friends  of  the  measure,  having  the  necessary  two-thirds,  at 
once  passed  it  over  the  veto,  and  they  were  so  delighted  at 
"beating  the  Executive"  that  they  laughed  and  cheered  and 
threw  papers,  documents,  and  hats  into  the  air,  while  the  minor- 
ity hissed  and  groaned.  Such  scenes  are  by  no  means  infre- 
quent. The  Senators,  in  that  instance,  perhaps  thought  they 
would  give  the  House  a  chance  to  learn  decorum — so  they  re- 
fused to  pass  the  bill  over  the  veto  when  it  came  to  them. 

When    it  comes  to  the  important    question  of  voting,  the 
members  do  not  keep  silence.     If  a  "division"  or  "rising" 


INTO    THE  HURLY-BURLY.  I §7 

vote  is  ordered,  you  will  hear  them  shout,  "  Up  !  up  !  "  or, 
"  Down  !  down  !  "  as  the  case  may  be,  to  warn  their  friends 
what  to  do  ;  and  on  nearly  every  roll-call  of  the  "Yeas  and 
Nays  "  the  Speaker  is  compelled  to  suspend  proceedings  and 
direct  members  to  be  seated,  in  order  that  the  Clerk  may  hear 
the  responses  of  the  voters. 

Such  a  state  of  affairs  does  not  always  exist.  I  have  seen 
the  House  of  Representatives  almost  as  quiet  as  the  Senate. 
But  that  was  late  at  night,  when  most  of  the  members  were 
asleep,  or  when  there  was  some  august  ceremony  going  on — 
such  as  the  counting  of  the  electoral  votes,  at  which  time  the 
Senate  and  House  met  in  joint  convention.  The  awful  majesty 
of  the  Senators  and  the  Senate-pages  probably  had  a  quieting 
effect  upon  the  Representatives. 

Yet  even  in  repose  they  show  their  easy  manners.  A  Sen- 
ator, however  sleepy  he  might  be,  would  not  even  dream  of 
hanging  his  boots  to  the  chandelier  or  gas-brackets  on  the  wall 
and  taking  a  nap  on  a  sofa  in  the  Senate-chamber.  He  would 
retire  to  the  cloak-room  or  some  other  secluded  place.  Upon 
reflection,  there  are  no  chandeliers  or  brackets  in  the  Senate- 
chamber.  But  they  have  them  in  the  House,  and  they  use 
them,  too.  I  have  seen  boots  hanging  up  in  a  row  like  Christ- 
mas stockings,  with  the  owners  sleeping  peacefully  under  them 
in  full  view  of  the  visiting  public,  while  bad  House-pages,  from 
the  gallery,  dangled  burnt  corks  attached  to  strings  over  the 
faces  of  the  dozing  legislators. 

Neither  would  a  Senator  doff  his  coat  and  walk  about  the 
room  with  an  iced  towel  to  his  head,  no  matter  how  oppressive 
the  heat  of  the  midnight  air.  But  I  have  seen  such  things  in  the 
House.  Neither  would  a  Senator  be  likely  to  take  the  Vice- 
President's  chair  during  a  recess  and  preside  over  a  mock  ses- 
sion of  the  other  Senators.  But  I  have  seen  that  done  in  the 
House.     Neither  would  the  presiding  officer,  during  a  lull  in  the 


1 88  AMONG    THE  LAW-MAKERS. 

proceedings  of  the  real  Senate,  lean  back  in  his  seat  and  talk 
with  the  newspaper  reporters  in  the  gallery  above.  But  I  have 
witnessed  such  performances  during  night-sessions  of  the  Lower 
House.*  Neither  would  the  Senators,  during  another  lull  in 
the  proceedings,  join  lustily  in  the  tune  of  "John  Brown's 
Body"  or  "  Finnigan's  Wake."  Yet  I  have  heard  the  House 
shouting  these  and  other  lively  songs,  in  the  early  hours  of  the 
morning.  Indeed,  so  well  known  are  the  boyish  propensities 
of  the  Representatives,  that  their  Speaker  recently  found  it 
necessary  to  caution  them,  when  about  to  enter  upon  an  even- 
ing session,  not  to  disgrace  the  country  and  themselves  by  un- 
becoming conduct  ! 

But  I  will  tell  you  more  in  regard  to  the  differences  between 
the  two  Houses  anon.  The  design  of  this  chapter  was  merely 
to  point  out  one  feature  of  dissimilarity — the  noise.  In  fact,  the 
uproar  is  almost  incessant.  It  may  stop  for  a  moment — but 
only  to  swell  out  again  louder  than  before.  When  nothing  is 
being  done,  it  is  "  very,  very  bad  ;  "  when  something  is  being 
done,  it  is  "horrid!"  By  "nothing  being  done"  I  mean 
nothing  apparent  in  the  shape  of  legislation.  Some  folks,  you 
know,  do  not  believe  in  a  state  less  than  nothing — as  degrees 
below  zero,  or  the  negative  quantities  in  algebra,  like  "  —  x  ;" 
and  this  causes  a  witty  editor  to  remark  that  such  sceptics 
ought  to  have  watched  the  proceedings  of  the  last  Congress. 
But  I  think  editors  should  not  joke  about  the  House  in  that 
fashion — don't  j^;/  ? 

*  It  is  proper  to  say  that  I  never  saw  the  Speaker  himself  do  this  ;  but  I  have  seen  it 
done  by  members  whom  the  Speaker  has  called  to  the  chair  to  act  in  his  absence. 


CHAPTER   XXIII. 

A   REGAL   AFFAIR. 

I  was  present  in  the  House,  by  the  way,  on  one  entirely 
novel  occasion.  After  the  filibustering  on  the  Civil  Rights  Bill, 
no  ceremony  or  event  of  special  significance,  so  far  as  I  remem- 
ber, disturbed  the  ordinary  routine  of  legislation  of  either 
body,  and  the  first  regular  session  of  the  Forty-third  Con- 
gress came  to  an  end,  in  pursuance  of  a  concurrent  resolution, 
agreed  upon  by  both  Houses,  on  the  23d  of  June,  1874.  On 
the  7th  of  December,  1874,  the  second  session  began,  and 
within  a  few  days  we  were  brought  face  to  face  with  the  unique 
affair  it  now  becomes  my  duty  to  record. 

In  that  year  the  King  of  the  Sandwich  Islands  visited  this 
country.  The  dominion  of  that  monarch  is  not  very  exten- 
sive ;  still,  he  was  regarded  as  a  distinguished  personage,  and 
both  Houses  of  Congress  determined  to  accord  him  a  reception. 
On  December  14th,  at  the  instance  of  Senator  Cameron,  Chair- 
man of  the  Committee  on  Foreign  Relations,  a  concurrent  reso- 
lution was  adopted  by  the  Senate  in  this  form  : 

Resolved  by  the  Senate  {the  House  of  Representatives  concurring).  That 
a  joint  committee  of  two  from  the  Senate  and  three  from  the  House  of 
Representatives  be  appointed  by  the  Presiding  Officers  of  the  respective 
Houses  to  take  measures  for  the  proper  notice  of  the  presence  at  the 
capital  of  His  Majesty  Kalakaua,  the  King  of  the  Hawaiian  Islands. 

On  December  17th,  the  House  having  meanwhile  concurred 
in  the  resolution,  and   the  committee  having  been   appointed, 


I90  AMONG    THE  LAW-MAKERS. 

Senator  Cameron  reported  to  the  Senate  that  the  committee 
had  called  upon  His  Majesty  and  invited  him  to  visit  the  Capi- 
tol on  the  next  day  (Friday,  the  i8th),  and  that  the  invitation 
had  been  accepted.  The  programme  arranged  by  the  commit- 
tee was  brief  and  simple  : 

The  Senate  and  House  will  receive  King  Kalakaua,  at  a  quarter  after 
twelve  o'clock  on  Friday  next,  in  the  Hall  of  the  House  of  Representatives. 
The  Vice-President  of  the  United  States  and  the  Speaker  of  the  House 
will  preside.  Senator  Cameron,  chairman  of  the  joint  committee  on  re- 
ception, will  present  the  King,  and  the  Speaker  of  the  House  will  welcome 
him. 

On  the  following  day,  in  accordance  with  this  arrangement, 
the  Senate,  immediately  upon  assembling,  took  a  recess  until 
one  o'clock,  and  the  Senators  strolled  into  the  President's 
room  where  the  King  was  holding  an  informal  reception.  This 
private  hand-shaking  over,  the  Senate  as  a  body  marched  to  the 
Hall  of  the  House.  It  goes  without  saying  that  the  Capitol 
was  crowded  with  visitors.  Indeed,  the  crush  blocked  the  cor- 
ridors, and  many  ladies  could  not  get  even  to  the  stairways 
leading  to  the  galleries.  A  member  of  the  House,  learning  of 
this  painful  fact,  moved  that  they  be  admitted  into  the  Hall,  a 
courtesy  which  was  unanimously  extended. 

Exactly  at  a  quarter  past  twelve,  the  Doorkeeper  of  the 
House  announced  the  presence  of  the  Senate,  and,  as  the  Repre- 
sentatives rose  according  to  custom,  the  Senators  and  pages 
proceeded  to  the  places  reserved  for  them,  and  Vice-President 
Wilson  took  the  chair  by  the  side  of  the  Speaker. 

Ten  minutes  more,  and  the  Speaker's  gavel  sounded  ;  the 
Senators  and  Representatives,  obeying  the  injunction,  rose,  and 
the  King  and  his  retinue,  in  citizen's  dress,  entered  the  Hall  and 
marched  down  the  centre  aisle  to  seats  placed  in  the  area  of 
freedom — His  Majesty  walking  between  Senator  Cameron  and 


A    REGAL   AFFAIR.  19 1 

Representative  Orth  (Chairman  of  the  House  Committee  on 
Foreign  Affairs),  the  imperial  attendants  being  escorted  by 
other  members  of  the  reception  committee. 

Senator  Cameron,  addressing  the  Speaker,  said  :  "I  have 
the  honor  to  present  to  you  His  Majesty  the  King  of  the 
Hawaiian  Islands." 

Then  Speaker  Blaine  stood  up,  bowed  to  the  foreign  guests, 
and  said  : 

"  Your  Majesty  !  On  behalf  of  the  American  Congress,  I 
welcome  you  to  these  Halls.  The  Senators  from  our  States 
and  the  Representatives  of  our  people  unite  in  cordial  congrat- 
ulations upon  your  auspicious  journey,  and  in  the  expression 
of  the  gratification  and  pleasure  afforded  by  your  presence  in 
the  capital  of  the  nation,  as  the  nation's  guest. 

"  Your  Majesty's  appearance  among  us  is  the  first  instance 
in  which  a  reigning  sovereign  has  set  foot  upon  the  soil  of  the 
United  States,  and  it  is  a  significant  circumstance  that  the  visit 
comes  to  us  from  the  West  and  not  from  the  East.  Probably 
no  single  event  could  more  strikingly  typify  the  century's  prog- 
ress in  your  Majesty's  country  and  in  our  own  than  the  scene 
here  and  now  transpiring. 

"  The  rapid  growth  of  the  Republic  on  its  western  coast 
has  greatly  enlarged  our  intercourse  with  your  insular  king- 
dom, and  has  led  us  all  to  a  knowledge  of  your  wisdom  and 
beneficence  as  a  ruler,  and  your  exalted  virtues  as  a  man.  Our 
whole  people  cherish  for  your  subjects  the  most  friendly  re- 
gard. They  trust  and  believe  that  the  relations  of  the  two 
countries  will  always  be  as  peaceful  as  the  great  sea  that  rolls 
between  us — uniting  and  not  dividing  !  " 

The  King,  being  afflicted  with  a  severe  cold  and  hoarseness, 
requested  one  of  his  attendants,  Chief  Justice  Allen,  of  the 
Hawaiian  Islands,  to  read  his  reply  to  the  Speaker's  address, 
which  Judge  Allen  accordingly  did,  in  these  words  : 


192  AMONG    THE  LAW-MAKERS. 

"  Mr.  Speaker  :  For  your  kind  words  of  welcome  I  most 
cordially  thank  you.  For  this  distinguished  mark  of  considera- 
tion I  tender  to  the  honorable  Senate  and  House  of  Represen- 
tatives m_y  highest  sentiments  of  regard.  It  is  in  accord  with 
the  very  courteous  and  generous  treatment  which  I  have  re- 
ceived from  the  Executive  department  of  the  Government,  and 
from  all  the  people  whom  I  have  had  the  pleasure  to  meet 
since  I  landed  on  the  shores  of  the  Pacific. 

"  I  appreciate  the  complimentary  terms  in  which  the  honor- 
able Speaker  has  referred  to  me  personally.  For  any  success 
in  government  and  for  our  progress  in  a  higher  civilization  we 
are  very  much  indebted  to  the  Government  and  people  of  this 
great  country.  Your  laws  and  your  civilization  have  been  in  a 
great  degree  our  model. 

"  I  reciprocate  most  cordially  the  hope  for  tlie  continuance 
and  growth  of  friendly  relations  between  the  two  countries. 

*•'  I  am  most  happy,  gentlemen,  to  meet  you  on  this  occa- 
sion." 

Speaker  Blaine  then  descended  from  the  platform  and  was 
personally  introduced  to  His  Majesty.  After  exchanging  a  few 
conversational  remarks,  he  returned  to  the  chair  and  rapped 
with  his  gavel.  The  Senators  and  Representatives  again  rose, 
and  the  King  and  his  suite  retired  from  the  Hall.  The  Senate 
immediately  followed,  and  returned  to  its  Chamber,  and  Vice- 
President  Wilson,  calling  it  to  order,  said  that  if  there  was  no 
objection  the  session  would  be  considered  as  resumed.  The 
time  allowed  for  the  recess  had  not  expired,  but  as  the  Senators 
concurred  in  the  suggestion  of  their  President  this  slight  ir- 
regularity was  of  no  consequence. 

So  ended  the  ceremony — a  ceremony  which  naturally  in- 
spired comparison  with  that  of  February,  1873.  Then  the  two 
Houses  met  in  joint  convention  to  announce  to  the  world  the 
name  of  the  next  chief  ruler  of  our  country  ;  at  this  time,  they 


faiMiuim'nwMl""^""'    >1L" !'  u±-JS,V'ii'V 


Jepresentatives  at  Work. 


A   REGAL   AFFAIR.  193 

met  to  welcome,  in  the  name  of  our  people,  the  newly-installed 
chief  ruler  of  a  neighboring  State.  And  there  was  one  other 
feature  of  similarity.  The  Senate,  being  again  demoralized  by 
its  visit  to  the  House,  within  a  few  minutes  after  reassem- 
bling adjourned — not  for  a  day,  but  until  the  following  Mon- 
day. The  House,  on  the  other  hand,  at  once  proceeded  to  the 
consideration  of  business,  and,  probably  before  the  King  had 
fairly  left  the  precincts  of  the  Capitol,  the  Representatives  dis- 
cussed and  passed  a  bill  relating  to  the  ravages  of  unfriendly 
grasshoppers. 

Whatever  else  may  be  charged  against  the  American  people, 
ingratitude  and  selfishness  are  not  national  characteristics.  Not 
alone  to  kings  have  we  opened  the  doors  of  hospitality. 

In  1824,  Congress,  learning  that  the  Marquis  de  Lafayette 
desired  to  see  again  the  land  for  whose  independence  he  had 
been  willing  to  risk  his  fortune  and  his  life,  asked  the  President 
to  invite  him,  in  the  name  of  the  nation,  to  visit  us,  and  the 
President  did  so,  offering  to  bring  over  the  IMarquis  in  a  "  ship 
of  the  line."  Lafayette  accepted  the  invitation,  bui  declined 
the  ship.  His  progress  through  the  country,  we  are  told,  re- 
sembled a  continuous  triumphal  procession  ;  and  Congress,  in 
consideration  of  his  important  services  and  expenditures  during 
the  American  Revolution,  voted  him  a  grant  of  $200,000  and 
a  township  of  land,  which  fact  was  gracefully  communicated  to 
him  by  a  committee  appointed  for  that  purpose.  He  returned 
to  France  in  one  of  our  vessels,  named  in  his  honor  the  Braudy- 
winc ;  and  upon  his  death,  Congress  further  testified  to  the 
affectionate  regard  of  the  American  people  by  passing  resolu- 
tions of  esteem. 

In  185 1,  another  celebrated  man  visited  us.  He  was  Louis 
Kossuth,  the  Hungarian  patriot.  The  exiled  chieftain  was  ten- 
dered a  formal  reception  by  each  House  of  Congress  on  separate 
days,  and  again  the  crowd  was  so  great  in  the  Senate-chamber 


194  AMOiVG    THE  LAW-MAKERS. 

(now  the  Supreme  Court  room),  that  the  newspaper  reporters 
voluntarily  relinquished  their  seats  in  order  to  make  room  for 
the  ladies.  This  act  of  gallantry  was  deemed  so  remarkable 
that  special  mention  was  made  of  it  in  the  official  record  of  de- 
bates. 

The  law-makers  also  gave  Kossuth  an  elegant  banquet, 
at  which  Daniel  Webster,  General  Cass,  and  other  eminent 
statesmen  made  addresses.  It  was  at  this  banquet  that  Kossuth 
delivered  the  speech  which  opened  with  the  famous  parallel  be- 
tween the  Senate  of  Rome  and  the  American  Congress.  As 
one  of  the  highest  tributes  ever  paid  to  our  Republic,  it  is  par- 
donable to  quote  here  the  lines  : 

Sir  :  As  once  Cineas,  the  Epirote,  stood  among  the  senators  of  Rome, 
who,  with  a  word  of  self-conscious  majesty,  arrested  kings  in  their  ambi- 
tious march,  thus,  full  of  admiration  and  of  reverence,  I  stand  among  you, 
legislators  of  the  new  capitol,  that  glorious  hail  of  your  people's  collective 
majesty.  The  capitol  of  old  yet  stands,  but  the  spirit  has  departed  froin 
it,  and  is  come  over  to  yours,  purified  by  the  air  of  liberty.  The  old  stands, 
a  mournful  monument  of  the  fragility  of  human  things  ;  yours,  as  a  sanctu- 
ary of  eternal  right.  The  old  beamed  with  the  red  lustre  of  conquest,  now 
darkened  by  the  gloom  of  oppression  ;  yours  is  bright  with  freedom.  The 
old  absorbed  the  world  into  its  own  centralized  glory  ;  yours  protects  your 
own  nation  from  being  absorbed,  even  by  itself.  The  old  was  awful  with 
unrestricted  power  ;  yours  is  glorious  by  having  restricted  it.  At  the  view 
of  the  old,  nations  trembled  ;  at  the  view  of  yours,  humanity  hopes. 

To  the  old,  misfortune  was  introduced  with  fettered  hands  to  kneel 
at  triumphant  conquerors'  feet ;  to  yours,  the  triumph  of  introduction  is 
granted  to  unfortunate  exiles,  who  are  invited  to  the  honor  of  a  seat.  And, 
where  kings  and  Caesars  never  will  be  hailed  for  their  power  and  wealth, 
there  the  persecuted  chief  of  a  down-trodden  nation  is  welcomed,  as  your 
great  Republic's  guest,  precisely  because  he  is  persecuted,  helpless,  and 
poor.  In  the  old,  the  terrible  V(Z  victis  /  *  was  the  rule  ;  in  yours,  pro- 
tection to  the  oppressed,  malediction  to  ambitious  oppressors,  and  conso- 
lation to  a  vanquished  just  cause.     And,  while  from  the  old  a  conquered 

•*  Woe  to  the  conquered  ! 


A   REGAL   AFFAIR.  195 

world  was  ruled,  you  in  yours  provide  for  the  common  federative  interests 
of  a  territory  larger  than  that  old  conquered  world.  There  sat  men  boast- 
ing that  their  will  was  sovereign  of  the  earth  ;  here  sit  men  whose  glory  is 
to  acknowledge  "  the  laws  of  nature  and  nature's  God,  and  to  do  what  their 
sovereign,  the  people,  wills." 

Other  instances  of  Congressional  ovations  might  be  added. 
But  while  we  have  received  visits  from  Chinese  and  Japanese 
commissions,  from  princes  and  grand  dukes,  and  from  many 
private  notables,  the  proceedings  described  in  the  first  part 
of  this  chapter  were,  as  I  have  said,  unique.  According  to 
the  remarks  of  Speaker  Blaine,  King  Kalakaua  is  the  first 
reigning  monarch  that  ever  set  foot  upon  our  shores.  Hence 
his  arrival  created  quite  a  stir.  A  year  or  so  later  the  Emperor 
of  Brazil  paid  us  a  visit ;  and  not  long  ago  another  ruler  from 
the  South  made  a  tour  of  our  country,  l^ut  to  King  Kalakaua 
should  be  given  the  credit  of  having  set  them  an  example. 

Wherever  the  King  went  he  was  the  recipient  of  attention. 
Indeed  this  attention  seemed  to  some  people  to  border  on 
homage  and  servile  adulation.  The  Governor  of  New  York, 
as  chief  magistrate  of  a  State  inhabited  by  more  than  five  mill- 
ions of  people,  is  the  head  of  a  truly  Empire  State  ;  but  he 
might  pass  from  one  end  of  this  country  to  the  other  without 
creating  the  slightest  flutter.  And  yet,  as  was  said  by  a  keen 
observer  who  remarked  upon  this  peculiar  phase  of  the  affair  : 
"  The  governor  of  a  mild-eyed  race  of  diminishing  people,  num- 
bering scarcely  sixty  thousand  persons,  has  been  travelling 
through  the  country,  and  has  been  regarded  with  great  interest, 
followed  by  crowds,  and  studied  by  curiosity,  because  he 
was  called — a  King."  And  when  I  reflect,  as  did  the  learned 
critic,  upon  how,  when  the  monarch  reached  Providence,  "  red 
and  blue  lights  were  burning  in  his  honor,  and  committees 
were  in  waiting,  and  an  immense  crowd  stood  hurrahing  and 
rushing  and  saluting  the  majesty  of  Hawaii"  ;  and  how,  "  as  the 


19^  AMONG    THE  LAW-MAKERS. 

regal  party  passed  along,  and  committees  and  high  officers  of 
state  and  the  great  good-natured  multitude  showed  the  King 
every  mark  of  honor  and  respectful  interest ;  "  and  as  I  reflect, 
also,  upon  "  the  ceremonious  dinner  at  the  White  House  and 
the  reception  of  both  Houses  of  Congress,"  and  "  the  courteous 
attentions  of  the  New  York  municipality,"  and  a  number  of 
other  details — I  am  tempted  to  admit  that  there  is,  after  all, 
some  value  in  a  name,  and  that  the  critic's  gentle  sarcasm  about 
all  this  fuss  and  parade  was  not  entirely  undeserved. 

In  the  hearty  welcome  to  Lafayette,  the  people  simply  evi- 
denced their  feelings  for  a  man  whose  achievements  and  virtues 
entitled  him  to  honor  and  to  love.  In  the  reception  to  Kos- 
suth, we  see  a  sentiment  which  he  himself  discerned  and  which 
he  eloquently  eulogized.  In  the  Kalakaua  scenes,  we  may, 
perhaps,  perceive  a  trace  of  that  undemocratic  spirit  which  lurks 
at  home  and  which  abroad  delights  to  dance  attendance  upon 
Royalty — we  may,  upon  the  surface,  find  a  trace  of  that,  but  I 
prefer  to  find  in  the  demonstration  simply  an  expression  of  na- 
tional generosity  and  good-will. 


CHAPTER   XXIV. 

FOREIGN   RELATIONS. 

While  our  "simplicity"  and  certain  other  phases  of  our 
national  life  provoke  from  foreign  powers  a  kindly  smile,  we 
take  the  criticisms  in  the  spirit  in  which  they  are  offered — and 
go  serenely  on  our  way.  If,  occasionally,  we  feel  inclined  to 
smile  at  them,  we  should  always  do  it  with  good  humor.  They 
all  have  confidence  in  our  integrity  and  honor.  Let  us  repay, 
with  international  courtesy,  the  compliment  of  esteem. 

It  is  a  fundamental  principle  of  public  law,  recognized 
throughout  the  civilized  world,  that  all  nations  arc  "equal  in 
respect  to  each  other,  and  entitled  to  claim  equal  consideration 
for  their  rights,  whatever  may  be  their  relative  dimensions  or 
strength,  or  however  greatly  they  may  differ  in  government, 
religion,  or  manners." 

By  reason  of  this  equality  and  independence,  each  nation 
has  a  right  to  manage  its  own  affairs  in  its  own  way,  free  from 
dictation  or  interference  on  the  part  of  any  other  power.  And 
as  every  state  is  entitled  to  make  and  enforce  such  laws  as  it 
may  deem  proper  for  the  people  residing  within  its  dominion, 
so,  on  the  other  hand,  as  necessarily  follows,  a  state  has  no 
right  to  extend  the  operation  of  its  laws  beyond  its  own  terri- 
tory and  into  the  dominion  of  another  nation,  without  the  con- 
sent of  such  nation. 

In  their  intercourse  with  one  another,  nations  are  controlled 
by  what  is  known  as  the  "  La^ of  Nations,"  an  unwritten  code 


198  AMONG    THE  LAW-MAKERS. 

of  rules  sanctioned  by  usage  and  based  upon  principles  of  nat- 
ural justice.  These  rules,  however,  are  not  sufficient  to  cover 
commercial  details  and  other  matters  of  international  concern, 
and  hence  it  is  necessary  for  nations  to  enter  into  treaties  or 
other  formal  compacts,  in  writing,  in  order  to  define  with  ex- 
actness their  respective  rights  and  duties  growing  out  of  special 
relations. 

To  preserve  international  concord  and  guard  international 
interests,  nearly  every  government  has  its  representatives  in 
foreign  countries.  These  representatives  are  of  two  classes — 
the  diplomatic  officers,  who  are  stationed  at  the  capitals  of 
foreign  states,  and  constitute  what  are  termed  ''  legations  "  or 
"  embassies  ;  "  and  the  consular  officers,  who  are  stationed  at 
the  chief  ports  and  business  centres  of  foreign  lands. 

The  diplomatic  officers  are  of  chief  dignity.  In  official  cir- 
cles various  grades  are  recognized,  ambassadors  being  at  the 
head.  The  highest  title  our  Government  permits  any  of  its  dip- 
lomats abroad  is  that  of  "  envoy  extraordinary  and  minister 
plenipotentiary  ;  "  and,  as  a  consequence,  the  leading,  and  even 
the  smaller,  foreign  governments  reciprocate  by  sending  to  us 
diplomats  of  no  higher  rank  than  those  with  whose  presence  we 
honor  them.  Our  legation  at  London  now  consists  of  an  envoy 
extraordinary  and  minister  plenipotentiary  and  two  secretaries 
of  legation  ;  the  British  legation  at  Washington  consists  of  an 
envoy  extraordinary  and  minister  plenipotentiary,  a  secretary 
of  legation,  a  naval  attache,  two  second  secretaries,  and  a  civil 
attache.  Our  chief  representative  at  Copenhagen  combines 
both  diplomatic  and  consular  functions,  and  is  known  as  "  min- 
ister resident  and  consul-general."  Denmark's  representative 
at  Washington  is  also  a  minister  resident  and  consul-general. 
We  send  to  St.  Petersburg,  as  our  chief  representative,  an  en- 
voy extraordinary  and  minister  plenipotentiary  ;  Russia  sends 
to  Washington  an  envoy  extraordinary  and  minister  plenipoten- 


FOREIGN  RELATIONS.  199 

tiaiy  in  return.  Great  Britain  sends  to  St.  Petersburg  a  full- 
fledged  "ambassador;"  Russia  returns  the  compliment  by 
sending-  an  "  ambassador  "  to  London.  In  this  matter  we  have 
not  as  much  style  as  we  perhaps  ought  to  have  ;  there  is  no 
reason  why  we  should  not  give  our  representatives  a  rank  equal 
to  that  of  the  representatives  of  other  first-class  powers."  But 
this  is  another  evidence  of  our  "  simplicity." 

Through  the  diplomatic  ofificers  of  a  government  treaties 
with  foreign  powers  are  arranged,  and  other  official  negotia- 
tions and  correspondence  are  conducted.  Representing  as  they 
do  the  majesty  of  the  government  which  sends  them,  an  insult 
to  them  would  be  an  insult  to  that  government.  They  are  sur- 
rounded by  an  invisible  halo  of  sovereignty.  Indeed  it  is  not 
proper,  in  diplomatic  etiquette,  to  speak,  for  instance,  of  "  Her 
Britannic  Majesty's  Legation  /;/  the  United  States  ;  "  the  term 
should  be  "  Her  Britannic  Majesty's  Legation  near  the  United 
States,"  for  in  theory  they  are  not  in  our  dominion,  as  ad- 
mission of  that  fact  might  imply  that  they  are  subject  to  our 
authority. 

Under  the  law  of  nations,  public  ministers  are  entitled  to 
peculiar  privileges  and  immunities.  As  concerns  the  Diplo- 
matic Corps  at  Washington,  Congress  has  enacted  that  every 
person  who  "assaults,  strikes,  wounds,  imprisons,  or  in  any 
other  manner  offers  violence  to  the  person  of  a  public  minister, 
in  violation  of  the  law  of  nations,  shall  be  imprisoned  for  not 
more  than  three  years,  and  fined  at  the  discretion  of  the  court." 
Indeed,  the  statute  goes  further  and  declares  that  no  writ  or 
process  shall  be  valid  "  whereby  the  person  of  any  public  min- 

*  In  other  chapters  of  this  work,  the  term  "  ambassador  "  occurs  in  connection  with 
the  Diplomatic  Corps  at  Washington  and  in  reference,  also,  to  our  own  representatives 
abroad.  Wherever  thus  used,  it  should  be  understood  in  its  popular  significance,  as 
meaning  "the  person  invested  with,  and  exercising,  the  principal  diplomatic  func- 
tions," whether  such  person  is  styled  "envoy,"  "minister,"  "charge  d'affaires,"  or 
enjoys  any  other  designation. 


200  AMONG    THE  LAW-MAKERS. 

ister  of  any  foreign  prince  or  state,  authorized  and  received  as 
such  by  the  President,  or  any  domestic  or  domestic  servant  of 
any  such  minister,  is  arrested  or  imprisoned,  or  his  goods  or 
chattels  are  distrained,  seized,  or  attached  ;  "  and,  further  still, 
that  "whenever  any  writ  or  process  is  sued  out  in  violation  of 
the  preceding  section,  every  person  by  whom  the  same  is  ob- 
tained or  prosecuted,  whether  as  party  or  as  attorney  or  solici- 
tor, and  every  officer  concerned  in  executing  it,  shall  be  deemed 
a  violator  of  the  law  of  nations,  and  a  disturber  of  the  public  re- 
pose, and  shall  be  imprisoned  for  not  more  than  three  years, 
and  fined  at  the  discretion  of  the  court," 

But  this  immunity  does  not  permit  of  much  abuse.  If  a 
government  should  send  to  this  country  a  minister  whom,  for 
any  reason,  we  do  not  care  to  receive,  the  President  need  not 
recognize  him  ;  or  should  he  be  received  by  the  President  and 
afterward  prove  objectionable,  we  need  not  tolerate  his  com- 
pany longer.  Our  Government  could  notify  the  foreign  gov- 
ernment and  request  the  recall  of  its  minister  ;  and  should  he 
not  be  recalled,  the  President  could  present  him  with  a  safe- 
conduct  to  our  border  and  politely  invite  him  to  "  Go  !  " — an 
invitation  which  a  prudent  diplomat  would  lose  no  time  in  ac- 
cepting. On  more  than  one  occasion  we  have  stood  upon  our 
rights.'" 

The  consular  officers  attend  to  commercial  interests,  collect 
statistics  of  foreign  resources  and  trade,  and  perform  other 
highly  important  duties.  Our  consular  service  (embracing  ' '  con- 
sulates-general," "  consulates,"  "  commercial  agencies,"  and 
"  consular  agencies,"  distinctions  which  vary  the  titles  of  the 
officers  in  charge)  is  quite  extensive.     As  to  the  immunities  of 

"Only  a  few  years  after  the  establishment  of  our  Government,  we  were  constrained 
to  demand  of  France  the  recall  of  an  insolent  minister  she  had  sent  to  us.  Not  many 
years  later,  France  refused  to  receive  our  envoy  (Mr.  Pinckney),  and  ordered  him  to 
quit  the  country,  and  subsequently  ordered  away  two  out  of  three  diplomatic  represen- 
tatives (Pinckney,  Marshall,  and  Gerry)  whom  we  had  sent  over  to  negotiate  a  treaty. 


FOREIGN  RELATIONS.  20I 

consular  officers  in  this  country,  I  may  note,  that  while  a  for- 
eign consul  is  not  privileged  from  arrest  or  suit,  yet,  as  in  the 
case  of  a  public  minister,  if  he  himself  wishes  to  sue,  he  is  ac- 
corded the  high  right  of  instituting  proceedings  in  the  Supreme 
Court  of  the  United  States.* 

During  our  national  career  we  have  entered  into  scores  of 
treaties,  armistices,  postal  conventions,  and  other  compacts  with 
foreign  governments,  and  we  have,  in  other  ways,  made  good 
use  of  our  diplomatic  and  consular  ofiicers  abroad.  One  of  our 
latest  achievements  in  the  treaty  line  is  "  A  Treaty  of  Peace, 
Friendship  and  Commerce,"  which  was  concluded  at  Antana- 
narivo, on  the  13th  of  May  (17th  of  Alakaosy),  1881,  between 
the  United  States  of  America  and  the  Kingdom  of  Madagascar, 
In  the  negotiations  and  drafting  of  the  treaty,  the  United  States 
acted  through  a  representative  under  the  instructions  of  the 
Secretary  of  State  ;  and  Her  Majesty  Ranavalomanjaka,  Queen 
of  Madagascar,  was  represented  by  Ravoninahitriniarivo,  who 
signs  his  Malagasy  title  thus  :  "  15  Voninahitra,  Off.  D.  P.  Le- 
hiben  ny  Mpanao  Raharaha  amy  ny  Vahiny ''  (.which  means,  I 
suppose,  "  15th  Honor,  Officer  of  the  Palace,  Chief  Secretary 
of  State  for  Foreign  Affairs  "),  and  by  a  man  of  the  name  of 
Ramaniraka,  whose  title  I  forget. f 

I  may  also,  as  a  faithful  chronicler,  casually  remark  that  we 
have  not  fulfilled  some  of  our  international  obligations.  A 
treaty  is,  to  be  sure,  merely  a  contract  between  nations,  and, 
therefore  a  nation  has  the  sovereign  power  to  abrogate  it  if  it 
so  desires  ;  but  to    annul  a  treaty  without  the  consent  of  the 

*  As  noted  in  anotlicr  chapter,  our  ministers  and  consuls  to  certain  countries  have 
been  vested  by  Congress  with  judicial  powers  ;  but  the  exercise  of  those  powers  de- 
pends upon  treaty  stipulations  with  the  half-civilized  states  within  whose  territory  the 
ministers  and  consuls  are  stationed. 

+  Our  Siamese  friends  outdo  the  Madagascar  people  in  length  of  names.  Their 
minister  of  posts  and  telegraphs,  according  to  last  advices,  is  none  other  than  H.  R. 
H.  Somdet  Phra  Chow  Nong  Ya  Tho  Chow  Fa  Bhanurangse  Swangwongse  Krom 
Hluang  Bhanuphanduwongse  Woradej. 


202  AMONG    THE  LAW-MAKERS. 

other  nation  which  is  a  party  to  it,  for  no  other  reason  than  that 
its  conditions  are  irksome  or  disadvantageous,  is  an  act  of  bad 
faith,  as  much  so  as  for  one  man  to  break  his  solemn  covenant 
with  another.  Only  ten  years  after  our  Government  started  on 
its  way,  Congress  annulled  two  treaties  (one  of  "  Alliance,"  and 
the  other  of  "  Amity  and  Commerce  ")  which  we  had  made  with 
France  in  1778.  The  excuse  given  was  that  the  treaties  had 
been  "  repeatedly  violated  on  the  part  of  the  French  Govern- 
ment." That  w^as  sufficient  justification.  I  might  mention  an 
instance  of  more  recent  date,  however,  where  that  justification 
did  not  exist ;  and  I  could  also  point  out  other  instances  where 
we  have  silenced  our  national  conscience  and  tarnished  our 
reputation  for  fair  play. 

Despite  occasional  deeds  of  belligerence,  we  have  performed 
the  role  of  peace-makers.  And  not  only  has  our  Government 
acted  as  mediator  to  settle  the  conflicting  claims  of  rival  powers, 
but  the  same  good  service  has  also  been  done  for  us.  I  have 
now  before  me  the  curious  proofs  of  this  fact. 

In  the  early  part  of  this  century  we  had  a  second  war  with 
Great  Britain.  There  was,  at  that  time,  a  saying  that  "  o?ice  a 
British  subject,  always  a  British  subject."  In  other  words,  the 
English  Government  maintained  (and  in  doing  so,  it  merely 
announced  a  doctrine  then  generally  accepted  among  nations), 
that  an  Englishman  could  not  cast  aside  his  allegiance  to  his  na- 
tive country  ;  and,  acting  upon  that  doctrine,  it  undertook  to 
search  American  vessels  for  the  purpose  of  seizing  and  im- 
pressing into  its  own  naval  service  sailors  of  English  birth. 

Now,  foreigners  are  at  liberty  to  come  to  our  shores,  and, 
upon  complying  with  certain  conditions,  may  become  natural- 
ized citizens  of  this  country,  and  secure  that  protection  which 
our  Government  ensures  to  native-born  citizens.*    On  the  other 

*  The  Constitution  (14th  Amendment)  thus  defines  American  citizenship  :   "  All  per- 
sons born  or  naturalized  in  the  United  States,  and  subject  to  the  jurisdiction  thereof, 


FOREIGN  RELATIONS.  203 

hand,  an  :,\mci'ican  citizen  is  free  to  leave  this  country,  cast  off 
his  allegiance  to  our  Government,  and  become  a  subject  of  any- 
foreign  state  willing  to  receive  him  as  such.  This  "right  of 
expatriation "  is  expressly  declared  by  Congressional  enact- 
ment.* 

But  an  American  citizen,  native-born  or  naturalized,  while 
he  remains  a  citizen  and  properly  conducts  himself,  is  entitled 
to  the  protection  of  his  Government ;  and  the  parental  solicitude 
and  the  power  of  that  Government  are  supposed  to  follow  and 
watch  over  him,  wherever  he  may  go,  even  to  the  uttermost 
parts  of  the  earth. t 

are  citizens  of  the  United  States  and  of  the  States  wherein  they  reside  ;  "  and  Congress 
(by  statute  of  April  9,  1866)  has  declared:  "All  persons  born  in  the  United  States 
and  not  subject  to  any  foreign  power,  excluding  Indians  not  taxed,  are  declared  to  be 
citizens  of  the  United  States. "  Congress  has  also  enacted  (April  14,  1802,  and  Febru- 
ary 10,  1855)  that,  "  All  children  heretofore  born  or  hereafter  born  out  of  the  limits  and 
jurisdiction  of  the  United  States,  whose  fathers  were  or  may  be  at  the  time  of  their 
birth  citizens  thereof,  are  declared  to  be  citizens  of  the  United  States  ;  but  the  rights  of 
citizenship  shall  not  descend  to  children  whose  fathers  never  resided  in  the  United 
States  ;  "  and,  "  Any  woman  who  is  now  or  may  hereafter  be  married  to  a  citizen  of  the 
United  States,  and  who  miglit  herself  be  lawfully  naturalized,  shall  be  deemed  a  citi- 
zen." 

"  The  provision  (Act  of  July  27,  1868)  is  as  follows  :  "  Whereas  the  right  of  expa- 
triation is  a  natural  and  inherent  right  of  all  people,  indispensable  to  the  enjoyment  of 
the  rights  of  life,  liberty,  and  the  pursuit  of  happiness  ;  and  W'hereas  in  the  recognition 
of  this  principle  this  Government  has  freely  received  emigrants  from  all  nations,  and 
invested  them  with  the  rights  of  citizenship  ;  and  whereas  it  is  claimed  that  such  .Ameri- 
can citizens,  with  their  descendants,  are  subjects  of  foreign  states,  owing  allegiance  to 
the  governments  thereof ;  and  whereas  it  is  necessary  to  the  maintenance  of  public 
peace  that  this  claim  of  foreign  allegiance  should  be  promptly  and  finally  disavowed  : 
Therefore,  any  declaration,  instruction,  opinion,  order,  or  decision  of  any  officer  of  the 
United  States  which  denies,  restricts,  impairs,  or  questions  the  right  of  expatriation, 
is  declared  inconsistent  with  the  fundamental  principles  of  the  Republic." 

+  The  Act  of  July  27,  1868,  provides:  "All  naturalized  citizens  of  the  United 
States,  while  in  foreign  countries,  are  entitled  to  and  shall  receive  from  this  Government 
the  same  protection  of  persons  and  property  which  is  accorded  to  native-born  citizens." 
And  further:  "Whenever  it  is  made  known  to  the  President  that  any  citizen  of  the 
United  States  has  been  unjustly  deprived  of  his  liberty  by  or  under  the  authority  of 
any  foreign  government,  it  shall  be  the  duty  of  the  President  forthwith  to  demand  of  that 
government  the  reasons  of  such  imprisonment ;  and  if  it  appears  to  be  wrongful  and 
in  violation  of  the  rights  of  .\mcrican  citizenship,  the  President  shall  forthwith  demand 


204  AMONG    THE  LAW-MAKER  ' 

Whatever  may  have  been  the  justice  of       •  ^ind'"^    :onveys 

expatriated  subjects  under  the  pubHc  law  as         ^  unc 

her  "  riijht  of  search"  our  Government  wot        lOt  £ 

.  T      ,.       .  ,  ,  ,  .  .         ar  of  the 

not,  with  dignity  or  decency,  concede  ;  and  vVi^en,  in 

cise  of  that  pretended  right,  British  commanders  seizf' 

pressed  into  the  British  service  American  citizens,  oitr       United 

honor  became  involved  and  called  for  action.  "^  "'^"^ 

Without  further  discussin^r  the  right  or  wrong  of  this'  ' 

I  hazard  the  statement,  in  passing,  that  responsibility  foi .     ^^ 
War  of  1 812  rests  largely  upon  us.     The  controversy  as  to   ^nc 
right  of  England  to  impress  American  seamen  into  its  service 
could  have  been,  it  seems,  satisfactorily  adjusted  by  diplomacy 
A  treaty  was  negotiated  with  Great  Britain,  and  that  Govern 
ment  assured  our  representatives  that  the  asserted  right  of  im 
pressment  would  be  abandoned.     But  President  Jefferson,  foi 
reasons  of  his  own,  quietly  put  the  draft  of  the  treaty  aside,' 
without  letting  the  Senate  know  anything  about  it, — and  be-' 
queathed  to  his  successor  in  ofifice  the  trouble  which  the  ratifi- 
cation of  that  treaty  might  have  averted. 

On  the  top  of  the  offenses  already  mentioned  came  the 
memorable  "  Decrees  of  Berlin  and  Milan,"  issued  by  the  war- 
like Napoleon,  and  the  retaliatory  "  Orders  in  Council,"  issued 
by  the  British  Government.  These  decrees  and  orders  virtually 
closed  the  ports  of  Europe  to  American  vessels,  and  played 
havoc  with  American  commerce. 

The  story  is  a  complicated  one,  and  I  must  ask  you  to 
study  your  histories  for  the  exact  condition  of  Europe  and  this 
country  at  that  period.  To  bring  England  to  terms.  Congress 
refused  to   allow  vessels  to  leave  American  ports.     A   "  non- 

the  release  of  such  citizen,  and  if  the  release  so  demanded  is  unreasonably  delayed  or 
refused,  the  President  shall  use  such  means,  not  amounting  to  acts  of  war,  as  he  may 
think  necessary  and  proper  to  obtain  or  effectuate  the  release  ;  and  all  the  facts  and 
proceedings  relative  thereto  shall  as  soon  as  practicable  be  communicated  by  the 
President  to  Congress." 


FOREIGN  RELATIONS.  20 5 

sv  was  adopted  and  maintained.     As  the  years 

Ar.  merchants  became  desperate.     Finally  Mr. 

'ic  b          I  Minister  at  Washington,  concluded  a  treaty 

to  rci   wre  good  feeling  and  commercial  prosperity. 

.h  Government  refused  to  ratify  the  treaty.     It  con- 

^.t  Mr.  Erskine  had  exceeded  his  authority,  and  sent 

,is  stead,  as  Minister,  a  Mr.  Jackson, — "an  appoint- 

'.ays  a  worthy  historian,  "  not  agreeable  in  America, 

,iobably  not  meant   to   be."     Our  Government   declined 

I. oat  with   Mr.   Jackson.     Popular  feeling  ran   high.      The 

^ris.i  came — Congress  declared  war  !     As  you  may  never  have 

en  so  terrible  a  document,  let  me  give  thjs  Declaration  pi 

ar  as  another  specimen  of  legislative  action  : 

An  Act  declaring  War  between  the  United  Kingdom  of  Great  Britain 
id  Ireland  and  the  dependencies  thereof,  and  the  United  States  of  Amer- 
;a  and  their  territories. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  Tliat  war  be  and  the  same  is 
hereby  declared  to  exist  between  the  United  Kingdom  of  Great  Britain  and 
Ireland  and  the  dependencies  thereof,  and  the  United  States  of  America 
and  their  territories  ;  and  that  the  President  of  the  United  States  is  hereby 
authorized  to  use  the  whole  land  and  naval  force  of  the  United  States  to  carry 
the  same  into  effect,  and  to  issue  to  private  armed  vessels  of  the  United 
States,  commissions  or  letters  of  marque  and  general  reprisal,  in  such  form 
as  he  shall  think  proper,  and  under  the  seal  of  the  United  States,  against 
the  vessels,  goods,  and  effects  of  the  government  of  the  said  United  King- 
dom of  Great  Britain  and  Ireland,  and  the  subjects  thereof 

Approved,  June  18,  1S12. 

Having  declared  war  and  authorized  the  President  to  grant 
letters  of  marque  and  reprisal,  the  Congress  found  it  expe- 
dient, in  the  prosecution  of  that  war,  to  use  its  constitutional 
power  to  "  make  rules  concerning  captures  on  land  and  water." 


206  AMONG    THE  LAW-MAKERS 

So  the  next  year  it  enacted  the  following  law,  ^j^^i'-h  ;onveys 
a  fair  idea  of  "  war  legislation  :  " 

An  Act  to  encourage  the  destruction  of  the  armed  vessels  of  wir  of  the 
enemy. 

Beit  enacted  by  the  Senate  and  Horise  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That,  during  the  presmt  war 
with  Great  Britain,  it  shall  be  lawful  for  any  person  or  persons  to'iurn, 
sink,  or  destroy,  any  British  armed  vessel  of  war,  except  vessels  coming  as 
cartels  or  flags  of  truce  ;  and  for  that  purpose  to  use  torpedoes,  submariie 
instruments,  or  any  other  destructive  machine  whatever  ;  and  a  bounty  of 
one  half  the  value  of  the  armed  vessel  so  burnt,  sunk,  or  destroyed,  and 
also  one  half  the  value  of  her  guns,  cargo,  tackle,  and  apparel,  shall  be 
paid  out  of  the  treasury  of  the  United  States  to  such  person  or  persons  who 
shall  effect  the  same,  otherwise  than  by  the  armed  or  commissioned  ves- 
sels of  the  United  States. 

Approved,  March  3,  1813. 

England,  of  course,  was  not  idle.  The  war  raged  on  ocean 
and  on  shore.  "  Old  Ironsides,"  with  Bainbridge  in  command, 
sent  the  frigate  Java  to  the  bottom  of  the  sea.  The  gallant 
Lawrence  fell.  Perry  fought  and  won  his  battle  on  the  Lake. 
The  British  troops  captured  Washington,  the  seat  of  Govern- 
ment, and  gave  it,  with  its  Capitol,  to  the  flames.  But  while  the 
cannons  were  belching  forth  their  fires  of  death.  Diplomacy  was 
at  work  and  effected — peace  ! 

In  1814,  and  two  weeks  before  the  battle  of  New  Orleans, 
the  representatives  of  Great  Britain  and  America  concluded,  at 
Ghent,  a  "Treaty  of  Peace  and  Amity."  The  news  reached 
America,  and  within  a  few  months  the  agreement  was  ratified 
and  confirmed  by  the  Senate.  That  treaty  ended  the  conflict. 
It  begins  thus  : 

His  Britannic  Majesty  and  the  United  States  of  America,  desirous 
of  terminating  the  war  which  has  unhappily  subsisted  between  the  two 


FOREIGN  REI.ATIONS.  207 

countries,  and  of  restoring,  upon  principles  of  perfect  reciprocity,  peace, 
friendship,  and  good  understanding  between  them,  have,  for  that  purpose, 
appointed  their  respective  plenipotentiaries,  that  is  to  say  : 

And  then  it  proceeds  to  give  the  names  of  the  diplomatic 
officers  representing  Great  Britain  and  the  United  States  in 
drawing  up  the  treaty,  after  which  follow  eleven  distinct  articles 
of  agreement,  each  one  of  which  is  signed  and  sealed  by  the 
plenipotentiaries,  or  duly  empowered  agents,  of  both  govern- 
ments. 

All  this  is  merely  introductory  to  the  illustration  which  I 
wished  to  give.  Some  years  afterward  a  controversy  arose 
between  Great  Britain  and  the  United  States  concerning  the 
meaning  of  the  first  article  of  this  Treaty  of  Ghent,  and  the 
good  offices  of  Alexander  I.,  "  Emperor  of  all  the  Russias,"' 
were  requested.  It  was  rather  strange  that  tw^o  English-speak- 
ing countries  could  not  understand  their  own  tongue,  yet  that 
is  exactly  what  it  amounted  to — a  different  understanding  of 
the  meaning  of  a  few  simple  words — and  they  were  compelled 
to  call  in  the  aid  of  a  Muscovite  to  construe  the  Anglo-Saxon 
language  ! 

Well,  the  Emperor  kindly  responded  to  the  wishes  of  both 
governments,  and  interposed  his  influence  and  good  graces  in 
bringing  about  an  amicable  adjustment  of  the  difficulty.  He 
undertook  to  assist  them  to  draw  up  a  treaty  that  should  carry 
his  decision  into  effect,  and,  accordingly,  constituted  and  ap- 
pointed two  plenipotentiaries,  "  to  treat,  adjust,  and  conclude 
such  articles  of  agreement  as  may  tend  to  the  attainment  of 
the  above-mentioned  end,  with  the  plenipotentiaries  of  the 
United  States  and  of  His  Britannic  Majesty."  I  presume  no 
one  will  object  if  I  give  the  names  of  the  plenipotentiaries.  The 
agreement  was  drawn  up  in  English  and  French  (the  latter 
being  the  diplomatic  or  "court"  language  of  Europe),  so  I 
may  use  both. 


20S  AMONG    THE  LAW  MAKERS. 

The  envoys  appointed  by  the  Emperor  were  : 

"  Charles  Robert,  Count  Nesselrode,  His  Imperial  Majesty's  Privy 
Councillor,  member  of  the  Council  of  State,  Secretary  of  State  directing 
the  Imperial  Department  of  Foreign  Affairs,  Chamberlain,  Knight  of  the 
order  of  Saint  Alexander  Nevsky,  Grand  Cross  of  the  order  of  Saint  Vladi- 
mir of  the  first  class,  Knight  of  that  of  the  White  Eagle  of  Poland,  Grand 
Cross  of  the  order  of  St.  Stephen  of  Hungary,  of  the  Black  and  of  the  Red 
Eagle  of  Prussia,  of  the  Legion  of  Honor  of  France,  of  Charles  III.  of 
Spain,  of  St.  Ferdinand  and  of  Merit  of  Naples,  of  the  Annunciation  of 
Sardinia,  of  the  Polar  Star  of  Sweden,  of  the  Elephant  of  Denmark,  of  the 
Golden  Eagle  of  Wirtemberg,  of  Fidelity  of  Baden,  of  St.  Constantine  of 
Parma,  and  of  Guelph  of  Hanover. 

Count  Nesselrode  was  the  first.  The  second  was  Hke  unto 
him,  "  with  a  few  variations  :  " 

"  7<?//«,  Count  Capodistrias,  son  Conseiller  prive  &  Secretaire  d'£tat, 
ChevaUer  de  I'ordre  de  St.  Alexandre  Nevsky,  Grand'  Croix  de  I'ordre  de 
St.  Wladimir  de  la  i''"  classe.  Chevalier  de  celui  de  I'Aigle  Blanc  de 
Pologne,  Grand'  Croix  de  I'ordre  de  St.  Etienne  de  Hongrie,  de  I'Aigle 
Noir  &  de  I'Aigle  Rouge  de  Prusse,  de  la  Legion  d'Honneur  de  France,  de 
Charles  III.  d'Espagne,  de  St.  Ferdinand  &  du  Merite  de  Naples,  de  Sts. 
Maurice  &  Lazare  de  Sardaigne,  de  I'filephant  de  Dannemarc,  de  la 
Fidelite  et  du  Lion  de  Zahringen  de  Bade,  Bourgeois  du  Canton  de  Vaud, 
ainsi  que  du  Canton  &  de  la  Republique  de  Geneve." 

The  plenipotentiary  "  on  the  part  of  His  Majesty  the  King 
of  the  United  Kingdom  of  Great  Britain  and  Ireland,"  was  : 

"  The  Right  Honourable  Sir  Charles  Bai^ot,  one  of  His  Majesty's  Most 
Honourable  Privy  Council,  Knight  Grand  Cross  of  the  most  honourable 
order  of  the  Bath,  and  His  Majesty's  Ambassador  Extraordinary,  and 
Plenipotentiary  to  His  Majesty  the  Emperor  of  all  the  Russias." 

And  the  plenipotentiary  "  on  the  part  of  the  United  States, 
with  the  advice  and  consent  of  the  Senate  thereof,"  was  : 

"  Henry  Middleton,  a  citizen  of  the  United  States,  and  their  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  to  His  Majesty  the  Emperor  of 
all  the  Russias." 


FUREIGN  RI'.LATIOXS.  209 

The  agreement,  after  reciting  these  names,  .sa}-.s  : 

"  And  the  said  plenipotentiaries,  after  a  reciprocal  communication  of 
their  respective  full  powers,  found  in  good  and  due  form,  have  agreed  upon 
the  following  articles,"  etc. 

In  pursuance  of  this  agreement,  the  Emperor  on  the  22d 
day  of  April,  1822,  made  his  award,  which  you  will  find  set 
forth  at  length,  together  witli  the  treaty  itself,  in  the  8th  vol- 
ume of  our  Statutes-at-Large.  Thus  did  an  Absolute  Mon- 
archy act  as  mediator  between  a  Limited  Monarchy  and  a  Re- 
public !  And  thus,  also,  do  we  see  how  much  wiser  it  is  to 
arbitrate  than  to  war  ! 

Since  that  difificulty  we  have  had  other  international  misun- 
derstandings, more  or  less  serious.  To-day,  however,  thanks 
to  Diplomacy,  our  own  prudence,  and  (better  }'et)  our  "  happy 
detachment  from  European  jealousies,"  we  are  at  peace  with  all 
the  world  ;  and  monarchs  and  other  distant  folks  may  be  as- 
sured of  courteous  treatment  whenever  paying  tis  a  friend]\'  call.'"" 

*  The  policy  of  our  Government  is  one  of  neutrality  ;  and,  in  this  spirit.  Congress 
has  enacted  that  "  Every  citizen  of  the  United  States  who,  within  the  territory  or  juris- 
diction thereof,  accepts  and  exercises  a  commission  to  serve  a  foreign  prince,  state, 
colony,  district,  or  people,  in  war,  by  land  or  by  sea,  against  any  prince,  state,  colony, 
district,  or  people,  with  whom  the  United  States  are  at  peace,  shall  be  deemed  guilty 
of  a  high  misdemeanor,  and  shall  be  fined  not  more  than  two  thousand  dollars,  and  im- 
prisoned not  more  than  three  years."  This  is  but  one  of  a  series  of  stringent  neutrality 
provisions,  designed  to  restrain  adventuresome  or  avaricious  Americans  from  hostile 
acts  and  enterprises. 

14 


CHAPTER    XXV. 

LOOKERS-ON    IN    VIENNA. 

There  was  one  ovation  tendered  to  a  visiting  "  sovereign," 
of  which  few  people  have  ever  heard.  And  yet  its  recipient 
belonged  to  an  order  of  kings  who  reign  over  every  home  upon 
the  habitable  globe — whimsical,  fretful,  domineering,  yet  good- 
natured  monarchs  !  I  mean  that  small  bundle  of  inconsisten- 
cies, that  "bald-headed  tyrant  from  No  Man's  Land" — the 
baby  ! 

He  came  to  the  Capitol  one  summer  night,  and  the  first 
glimpse  I  caught  of  him  was  in  his  mother's  arms  in  the  gallery 
of  the  House.  It  was  then  about  one  o'clock  in  the  morning, 
but  the  Hall  was  crowded  with  all  conditions  of  humanity. 
The  speeches  were  dull  and  tedious,  and  even  the  baby  could 
not  restrain  his  feelings  of  impatience.  So  he  cried  with  all  his 
might. 

Now  what  do  you  suppose  the  law-makers  did  when  their 
proceedings  were  interrupted  in  this  way  ?  Did  they  order 
their  Sergeant-at-Arms  to  arrest  the  offender  and  put  him  into 
jail  for  his  contempt  ?  No  !  The  member  who  had  the  floor 
deliberately  sat  down,  while  the  other  Congressmen  wheeled 
upon  their  chairs  and  cheered  !  The  galleries  took  it  up,  and 
for  fully  a  minute  the  cheering  continued.  Then  the  noise 
ceased  in  order  to  give  the  baby  a  chance  to  respond.  But  he 
had  relapsed  into  a  quiet  mood.  So  the  floor  and  galleries  de- 
cided to   "  call  him  out,"  and,  with  cries  of  "  Bravo  !  "   "  En- 


LOOKERS-ON  IN    VIENNA.  211 

core  !  "  and  the  like,  the  applause  broke  out  afresh.  And  not 
until  after  that  little  monarch  left  the  Hall  was  the  so-called 
"  order''  of  the  House  restored. 

Indeed,  the  rush  of  reigning  monarchs  to  the  Capitol  was  in- 
cessant. I  have  many  a  time  been  actually  hindered  in  the  per- 
formance of  my  duties  as  a  page  by  the  crowd  of  "  sovereigns  " 
who  surged  through  the  corridors  of  the  building.  I  met  hun- 
dreds of  them  every  day — monarchs,  untitled  and  uncrowned, 
yet  wielding  the  scei)trc  of  authority. 

Exactly  what  causes  this  daily  rush — for  it  has  not  abated  in 
the  least — is  not  left  entirely  to  conjecture.  There  is  a  super- 
stition prevalent  throughout  the  land  that  the  Cojigressional 
Record  does  not  contain  an  accurate  account  of  everything  that 
takes  place  in  the  Senate  and  in  the  House,  and  the  American 
people  wish  to  hear  and  see  for  themselves  precisely  what  is 
being  said  and  done  by  those  whom  they  employ  to  speak  and 
act. 

And,  by  the  way,  it  is  very  true  that  the  Record  does  not 
faithfully  reflect  the  proceedings  of  the  law-makers.  Not  only 
do  the  official  stenographers  prune  and  polish  the  remarks  of 
Senators  and  Representatives,  cutting  out  hasty  and  ungram- 
matical  expressions,  but  the  Congressmen  themselves  habitually 
revise  the  official  report  before  allowing  it  to  go  out  to  the  pub- 
lic. So  varied  are  these  changes  and  so  great  has  grown  the 
abuse  of  this  privilege,  that  sometimes  a  speech  as  it  appears  in 
the  Record  is  absolutely  beyond  the  recognition  of  persons 
present  at  its  delivery  the  preceding  da)-.  Frequent  efforts  to 
put  an  end  to  this  evil  practice  have  been  made  by  some  of  the 
law-makers,  but  they  have  not  been  successful. 

But  the  Record  (so-called)  could  not,  if  it  would,  reproduce 
the  scenes  in  Congress.  Cold  type  cannot  usurp  the  functions 
of  a  camera-obscura,  and  some  of  the  quaintest  eccentricities 
manifested  about  the  legislative  Halls  are  not  capable  of  being 


212  AMONG    THE  LAW-MAKERS. 

reported.  They  are  seen  in  the  rotunda,  in  the  lobbies,  the 
corridors,  in  the  Halls  themselves  during  a  recess,  or  in  the  gal- 
leries during  the  session,  of  either  body.  And  the  actors  are 
not  necessarily  Congressmen — -they  are  often  the  "sovereigns." 

Up  in  the  gallery,  for  instance,  is  a  patriotic  old  farmer  from 
some  distant  State.  It  is  his  first  visit  to  the  Senate.  He  is 
impressed  with  the  awfulness  of  the  proceedings,  perhaps  as 
severely  as  I  was  when  I  paid  it  my  first  visit.  A  Senator  is 
making  a  very  commonplace  argument,  but  there  sits  the 
American  citizen,  hanging  upon  every  word  as  if  the  fate  of 
the  nation  depended  upon  that  speech.  And  yet,  were  you  to 
follow  that  same  citizen  over  to  the  House,  you  would  be  apt 
to  see  him  laughing  and  enjoying  himself  as  if  at  a  performance 
of  "  Humpty-Dumpty."  The  Representatives  moving  about 
in  the  rear  of  their  seats,  up  and  down  the  aisles,  back  and 
forth  in  the  area  of  freedom,  ascending  and  descending  the 
Speaker's  steps — everywhere  swarming  like  an  army  of  ants, — 
some  smoking  their  cigars  or  reclining  on  the  sofas,  asleep  or 
half-awake,  others  reading  the  papers,  others  still  telling  anec- 
dotes and  bursting  into  periodical  roars  of  laughter  that  chal- 
lenge the  attention  of  the  entire  body, — such  things  are  not 
calculated  to  let  the  mind  of  the  average  person  soar  away  into 
the  realm  of  mystery  and  horror. 

Ah  !  these  "  sovereigns  !  "  Some  of  them  are  curious 
beings.  Go  into  the  House  on  a  warm  afternoon,  or  any  time 
at  night,  during  a  session,  and  on  the  yellow  benches  in  the 
northern  gallery,  right  over  the  large  clock  and  in  full  view  of 
the  Speaker,  you  will  find  scores  of  colored  men — fast  asleep. 
Day  after  day  I  have  seen  them  there — apparently  the  same 
dusky  forms — erect,  nodding,  reclining,  their  mouths  open,  their 
eyes  closed,  their  brains  at  rest. 

Others  evince  their  curious  natures  in  various  ways,  and 
some  American  pilgrims,  I  regret  to  say,  have  no  respect  for 


LOOKERS-OA'  L\    VIENNA.  213 

the  sanctity  of  the  place.  It  is  especially  so  with  relic-hunters. 
They  seize  on  everything  that  they  can  lay  their  hands  upon 
or  pull  apart.  At  General  Grant's  inauguration  the  President 
had  scarcely  retired  from  the  grand  stand  when  a  crowd  of 
citizens  on  the  ground  below  clambered  up  the  sides,  and 
within  a  minute,  the  chair  which  the  Chief  Magistrate  had  oc- 
cupied was  split  into  a  score  of  fragments — one  man  capturing 
a  leg,  another  an  arm,  another  a  part  of  a  rung— all  marching 
away  with  them  as  trophies  of  the  event !  After  the  funeral 
ceremonies  over  Senator  Sumner,  the  relic-hunters  sought  to 
obtain  pieces  of  the  mourning  emblems  around  his  vacant  chair. 
The  crape  was  cut  to  pieces  by  a  score  of  knives,  and  the 
worthless  filing  beneath  the  desk  was  literally  torn  into  atoms  ! 
Indeed  the  jack-knives  even  attacked  the  mahogany  of  the 
desk  itself,  and  I  remember  distinctly  that  a  policeman  had  to 
be  stationed  at  the  chair  to  prevent  further  sacrilege. 

I  have  seen  these  relic-hunters  at  their  work  on  several  other 
solemn  occasions.  In  fact  they  are  everywhere.  They  go  to 
Mount  Vernon  to  visit  the  tomb  of  Washington,  and  break  the 
mortar  and  rocks  from  the  walls  of  the  old  \-ault,  cut  twigs  from 
the  shrubbery  and  trees,  and  carr)'  away  any  little  thing  that 
will  serve  as  a  memento  of  the  place  !  They  write  their  names 
on  the  walls  of  the  dome  of  the  Capitol,  and  wherever  they  can 
get  a  foothold.  Such  defacement  is  not  patriotism — it  is  van- 
dalism. 

The  most  eccentric  party  of  tourists  I  ever  saw  was  a  group 
of  elderly  women.  They  came  to  the  Senate-chamber  one  day, 
about  half  an  hour  before  the  meeting  of  that  body.  After 
lounging  around,  inquiring  about  this  thing  and  that  and 
worrying  the  wits  of  everyone  within  reach,  they  finally  settled 
down  in  the  seats  of  distinguished  Senators,  unwrapped  their 
napkins,  spread  them  on  the  desk,  and  quietly  proceeded  to — 
eat  their  lunch  !     And  they  actually  considered  their  rights  as 


214 


AMONG    THE  LAW-MAKERS. 


citizens  assailed  when  Captain  Bassett — bashful  and  chivalrous 
man  that  he  is — politely  requested  them  to  retire  and  "  permit "' 
the  Senate  of  the  United  States  to  begin  its  daily  work. 

Another  class  of  visitors  is  the  regiment  of  "  bores."  Per- 
haps there  are  better  specimens  of  \)cs\'i>  genus  homo  to  be  found 
about  rhe  Capitol  than  anywhere  in  the  country.  I  do  not  re- 
fer to  claimants  petitioning  for  national  justice— they  have  a 
rigJit  to  be  there — but  to  the  chronic  office-seekers  and  profes- 
sional lobbyists.  Possibly  you  do  not  know 
what  I  mean  by  a  "  professional  lobbyist." 
Well,  he  is  a  man  who  infests  the  lobbies  of 
the  Capitol,  button-holing  law-makers,  and 
otherwise  striving  to  influence  special  and 
general  legislation  of  interest  to  corporations 
and  individuals  who  have  engaged  him  for 
that  purpose. 

Professional  lobbyists  are  the  terror  of 
the  average  law-maker.  I  have  seen  grave 
Senators  actually  skulking  through  side- doors 
in  order  to  escape  their  grasp.  Some  were 
polished  and  honorable  gentlemen.  Others, 
however,  were  not ;  their  presumption  was 
prodigious,  their  pertinacity  wonderful  ! 
So  numerous  are  these  lobbyists,  so  great  is  the  power  of 
the  "  capital  "  behind  them,  and  so  formidable  are  they  as  a 
body,  that  they  are  called  the  ''Third  House"  of  Congress, 
and  their  chief  is  styled  the  "  King  of  the  Lobby  !  "  It  is  ap- 
propriate, therefore,  to  mention  them  in  connection  with  reign- 
ing sovereigns. 

But  the  sight-seers  proper  are  the  "  sovereigns  "  of  whom  I 
intended  to  write.  They  ramble  wherever  they  see  an  opening, 
and,  as  a  consequence,  many  of  them  soon  become  lost  in  the 
intricate  maze  of  rooms  and  corridors. 


A   Member   of  the 
"  Third  House.  ' 


LOOKERS-ON  IN    VIENNA.  215 

The  most  interesting  room  in  the  building  is  the  rotunda. 
In  it  all  classes  of  pilgrims  congregate,  and  a  person  taking  a 
seat  in  one  of  the  settees  near  the  wall  can  see  many  noted 
men  and  many  human  curiosities  pass  through.  The  first 
thing  a  stranger  does  upon  reaching  this  place  is  to  gaze  in 
silent  wonder  at  the  vast  proportions  of  the  room.  I  once 
observed  a  tribe  of  visiting  Indians,  in  their  feathers  and  robes, 
enter  it,  and  I  watched  the  expressions  of  their  countenances  as 
they  stood  motionless  and  surveyed  the  lofty  height.  Then 
they  hurried  to  the  gallery  far  above  to  take  a  downward 
peep.  I  did  not  think  it  possible  that  a  red  man  could  be  im- 
pressed ;  but  they  were  the  most  awed  human  beings  I  ever  saw. 

On  the  walls  of  the  rotunda  are  some  large  framed  pictures, 
representing  the  "  Pilgrim  Fathers  "  on  their  way  to  this  coun- 
try, the  "  Baptism  of  Pocahontas,"  the  "  Surrender  of  Corn- 
wallis,"  and  other  incidents  in  American  history.  Higher  up 
on  the  walls  is  a  frescoed  circle,  illustrative  of  certain  epochs  in 
our  countr)-'s  career.  At  the  top  is  the  painted  canopy.  One 
group  represents  "  War,"  another  "  Manufactures,"  and  the 
others  have  similar  allegorical  meanings.  But  the  most  con- 
spicuous painting  and  the  one  most  likely  to  excite  the  interest 
and  the  laughter  of  the  visitor,  is  a  group  of  angelic  "  Sisters," 
representing  the  thirteen  original  States,  surrounding  the  Fa- 
ther of  his  Country,  who  sits  upon  a  cloud  with  the  epaulets 
of  a  general  upon  his  shoulders  and  near  unto  an  angel 
blowing  a  horn.  I  presume  it  stands  for  Fame!  In  the  groups 
surrounding  this  central  assembly  the  tourist  may  discover 
figures  resembling  other  men  well  known  in  the  annals  of  the 
nation.  Some  of  these  efiigies,  so  the  story  goes,  are  due  to 
the  malice  of  the  fresco-artist. 

But  these  figures,  if  capable  of  appreciation,  would  undoubt- 
edly laugh  as  heartily  at  the  panorama  below  them  as  the  tour- 
ists on  the  floor  laugh  at  the  oddity  of  the  spectacle  above.      It 


2l6 


AMONG    THE  LAW-MAKERS. 


is  one  of  the  most  entertaining  diversions  to  ascend  the  stairs 
to  the  gallery  and,  leaning  over,  to  study  the  mass  on  the  floor. 
The  people  look  like  queer  pigwidgeons  without  bodies.     All 


A  View  Downward  from  the  Gallery  of  the  Rotunda. 

that  one  can  see  are  the  tops  of  hats  and  a  number  of  waving 
"  prongs  "  that  stand  for  moving  arms  and  legs  !  I  cannot  de- 
scribe the  scene,  but  must  refer  you  to  the  skill  of  the  artist  for 
a  representation  of  it. 


LUOKKKS-OX  L\     VlEi\NA.  .  2 '7 

The  Old  Hall  of  Representatives,  with  its  many  statues,  its 
breccia  columns,  and  its  wonderful  echoes,  always  comes  in  for 
a  lar^e  share  of  the  visitor's  admiration,  as  does  also  the  Old 
Senate-chamber,  with  its  judicial  busts.  So  also  do  the  Presi- 
dent's Room,  with  its  frescoed  walls  and  indefinite  multipli- 
cation of  mirrors,  and  its  neighbor,  the  Marble  Room,  where 
one  may  see  another  bust  or  two,  particularly  one  of  Tecum- 
seh,  upon  whose  venerable  Indian  head  our  president  used  to 
sit  when  presiding  over  a  council  of  the  pages.  Indeed  there 
is  a  great  deal  to  see  and  to  admire  about  the  Capitol,  and  one 
should  have  the  services  of  a  guide  to  do  it  justice. 

As  a  page  it  was  frequently  my  pleasure  to  conduct  distin- 
guished Americans  and  titled  foreigners  (the  friends  of  Sena- 
tors) about  the  building,  and  had  I  space  I  would  gladly  with 
my  pen  point  out  to  my  own  young  friends  the  curiosities  and 
wonders  of  the  place,  artistic,  human,  and  otherwise. 

But  I  will  give  the  public  one  item  of  information  which  has 
hitherto  been  confined  within  the  knowledge  of  a  few.  Half- 
way up  the  stairs  leading  from  the  Senate  to  its  western  gal- 
lery is  a  representation  (or  an  alleged  representation)  of  the 
Battle  of  Chapultepec.  Of  this  painting  I  confess  I  do  not  in 
general  know  what  to  say.  It  is  mystifying  to  most  spectators. 
No  one  knows  what  the  different  soldiers  are  about ;  they  seem 
to  be  going  in  all  directions.  There  are  several  horsemen  in 
the  battle,  but  one  always  struck  my  fancy.  He  is  on  a  fiery 
steed,  and  is  apparently  leading  some  gallant  and  desperate 
charge.  The  figure  used  to  trouble  me,  when  a  page,  for  I  was 
very  anxious  to  know  what  officer  it  represented.  I  remained 
in  ignorance  for  many  months.  At  length  one  day,  during  an 
executive  session  of  the  Senate,  a  little  fat  man  came*  into  this 
place,  and,  with  a  grand  gesture  and  a  funny  brogue,  called  the 
attention  of  the  guards  stationed  at  the  foot  of  the  steps  to  the 
picture. 


2l8  AMONG    THE  LAIV-MAKERS. 

"  Do  you  see  that  man  on  that  horse  f  "  he  asked,  pointing 
to  the  gallant  charger.     "  Well,  /am  that  man  !  " 

Saying  which  he  slapped  himself  forcibly  on  his  chest,  and 
pompously  disappeared.  He  repeated  this  performance  on 
several  succeeding  days,  but  did  not  give  his  name — ^simply 
saying  : 

"•  /am  that  man  !  " 

This  is  the  extent  of  my  information  upon  the  subject. 


CHAPTER  XXVI. 

CHAOS. 

In  an  early  chapter  wc  briefly  reviewed  the  chief  features 
of  Congressional  practice  established  for  the  preservation  of  de- 
corum and  the  regulation  of  debate  ;  and  we  have  also  seen 
how  the  strict  application  of  some  of  these  rules,  intended 
to  protect  the  public  interests,  obstructs  rather  than  helps  the 
transaction  of  business.  Were  these  rules  always  observed — 
even  though  abused,  as  in  the  case  of  whimsical  filibustering — 
it  would  be  unnecessary  to  pursue  the  subject.  But  because 
there  arc  infractions  of  propriety,  because  members  of  cither 
House  do  sometimes  break  through  the  rules  and  overstep 
their  privileges,  it  is  proper  to  say  something  about  these  noto- 
rious and  admitted  facts. 

In  ordisr  to  secure  to  Congress  the  authority  and  efficiency 
designed  for  it  by  the  founders,  and  which  properly  belong  to 
it  as  the  supreme  representative  body  in  the  Republic,  the  Con- 
stitution conferred  upOn  each  House  the  right  to  determine  the 
rules  of  its  proceedings  ;  and  that  its  dignity  should  not  be 
molested  by  rash  and  thoughtless  men,  it  also  gave  to  each 
House  the  right  to  "  punish  its  members  for  disorderly  be- 
havior, and,  with  the  concurrence  of  two-thirds,  expel  a  mem- 
ber." These  general  provisions  conferring  the  right,  carr\' 
with  them  full  pozvcr  to  enforce  those  rights  as  either  House 
may  deem  proper. 

By  the  possession  of  this  right  to  "  punish  incinbcrs  for  dis- 
orderly behavior,"  therefore,  it  will  be  seen  that,  to  that  extent, 


-'^O  AMONG    THE  LAW-MAKERS. 

each  body  of  Congress  is  vested  with  judicial  power.  With  the 
exercise  of  that  right — however  extreme  the  rules  or  proceed- 
ings established  or  taken  by  either  House  in  such  exercise — no 
tribunal  or  officer  in  the  other  departments  of  the  Government 
can  interfere.  But  were  Congress  to  attempt  to  enlarge  this 
authority,  so  as  to  inflict  a  punishment  upon  private  citizens 
(except  under  peculiar  circumstances,  as  will  be  hereafter  ex- 
plained), it  would  be  usurping  the  functions  confided  to  the 
judicial  department  of  the  Government,  and  would  be  checked 
by  the  courts. 

The  power  in  regard  to  compelling  "  the  attendance  of 
absent  members,  in  such  manner  and  under  such  penalties  as 
each  House  may  provide,"'  is  constantly  employed.  Especially 
is  this  true  at  night-sessions  in  the  House.  Although  no  busi- 
ness can  be  done  in  either  body  without  the  presence  of  a 
quorum,  or  a  majority  of  the  members,  it  is  extremely  diffi- 
cult on  ordinary  occasions  to  secure  the  necessary  number 
without  resort  to  this  compulsory  power  ;  in  which  case  the 
Senate  or  House  may  direct  its  Sergeant-at-Arms  to  arrest  the 
absent  Senators  or  Representatives,  wherever  they  may  be 
found,  and  escort  them  to  the  House.  This  proceeding  being 
of  frequent  occurrence  in  the  Lower  House,  and  the  scenes  of 
disorder  which  accompany  it  being,  I  may  say,  peculiar  to  that 
body,  I  shall  describe  the  course  pursued  there.  It  differs 
somewhat  from  the  practice  in  the  Senate. 

When  the  point  of  "  no  quorum  "  is  raised,  a  "  Call  of  the 
House  "  is  usually  ordered,  and  the  Clerk  calls  the  roll  of  mem- 
bers, and  those  present  respond  "  Here,"  as  their  names  are 
read.  Having  finished  the  first  call,  the  Clerk  reads  .the  names 
of  those  who  did  not  respond  on  the  first  reading,  to  give  those 
a  chance  to  answer  who  may  have  been  in  the  lobbies  or  else- 
where about  the  House,  but  not  in  the  room  at  the  exact  mo-  * 
ment  when  their  names  were  called.     When  this  second  call  of 


CHAOS.  221 

the  roll  is  completed,  all  the  doors  but  one  letiding  into  the 
Hall  are  closed  and  locked,  and  at  that  one  door  a  guard  is 
stationed  to  prevent  any  of  the  absentees  from  entering. ■"■ 

When  the  doors  are  closed,  the  names  of  the  absentees  are 
read,  those  who  are  old  or  infirm  or  detained  by  sickness  in 
their  families  are  excused,  and  after  this  the  Sergeant-at-Arms 
is  directed  to  arrest  and  bring  before  the  bar  of  the  House  any 
of  the  absentees  he  can  find,  sparing  only  those  who  are  away 
by  "  leave  "  of  the  House  first  duly  obtained.  Then  the  fun  be- 
gins. Wiiile  waiting  for  the  Sergeant-at-Arms  to  execute  his 
orders,  the  members  inside  the  Hall  amuse  themselves  in  many 
ways,  and  laugh  in  anticipation  of  the  further  enjoyment  they 
will  have  upon  the  appearance  of  their  remiss  associates.  As 
no  work  can  be  done,  of  course  play  is  not  discountenanced. 
After  a  time  the  Sergeant-at-Arms  appears  with  a  batch  of  the 
arrested  absentees,  and,  taking  them  before  the  Speaker's  desk, 
the  name  of  each  is  called,  and  he  is  then  permitted  to  explain 
his  non-attendance.  These  explanations  are  the  most  amusing 
features  of  the  whole  performance.  All  sorts  of  ludicrous  ex- 
cuses are  given,  but  most  of  the  members,  as  a  rule,  plead  var- 
ious forms  of  sickness — from  paralysis  to  a  toothache  !  During 
the  delivery  of  these  excuses  the  other  members  jokingly  ap- 
plaud and  laugh.  While  the  prisoners  may,  under  the  rules,  be 
fined  for  their  absence,  still,  when  the  House  is  in  good  humor 
(as  it  generally  is  under  these  circumstances — for  who  could 
preserve  his  gravity  while  that  ridiculous  comedy  is  being  per- 
formed ?)  it  merely  laughs  again  and  makes  fun  at  their  ex- 
pense, and  teases  and  tries  to  scare  them  by  fierce  motions  to 
"dispose"  of  them  in  various  ways — and  then   excuses  their 

*  Recently,  a  distinguished  Representative  (Mr.  Long,  of  Massachusetts)  who  pre- 
sented himself  at  this  lobby  door  and  was  refused  admission,  during  proceedings  on  a 
Call,  maintained  that  this  guard  is  improper.  He  contended  that  while  the  House  can 
compel  the  attciidaiuv  of  absent  members,  it  cannot  e.xcliiiU  them  from  attcndaiuc  if  they 
voluntarily  appear. 


222  AMONG    THE  LAW-MAKERS. 

neglect  and  allows  them  to  take  their  seats.  And  so  this  per- 
formance goes  on,  the  Sergeant-at-Arms  continuing  to  bring  in 
his  little  groups  of  absentees,  until,  having  captured  them  all  or 
a  quorum  having  appeared,  "  all  further  proceedings  under  the 
Call  "  are  ordered  to  be  dispensed  with,  and  the  House  proceeds 
with  its  legislative  work. 

So  mortifying  is  it  to  some  sensitive  members  to  be  brought 
before  the  bar  under  arrest,  that  they  have  been  known  to  crawl 
through  the  windows  communicating  between  the  outer  corri- 
dor and  the  cloak-rooms,  first  giving  their  hats  and  overcoats 
to  some  friendly  employe  to  hide,  and  thus  conceal  the  evidence 
of  their  having  just  arrived  at  the  Capitol.  Then  they  bravely 
march  from  the  cloak-rooms  out  into  the  Hall  as  if  they  had 
been  there  all  the  while  !  Indeed,  on  one  occasion,  they  sur- 
reptitiously entered  in  this  manner  in  such  surprising  numbers, 
that  the  Speaker  was  required,  despite  the  hot  and  oppressive 
atmosphere  of  a  summer  night,  to  order  the  closing  of  the  win- 
dows and  transoms  and  all  other  apertures  through  which  the 
smuggling  might  be  attempted.  Such  conduct  is,  to  say  the 
least,  not  dignified  ;  and  as  it  happened  only  a  few  years  ago, 
we  can  understand  why  some  people  believe  that  the  manners 
of  the  House  are  still  susceptible  of  amendment. 

The  power  to  punish  for  disorderly  behavior  is  not  very  fre- 
quently invoked  by  the  House — it  is  seldom  invoked  by  the 
Senate.  You  will  readily  understand  that  Congressmen  are  but 
men,  and  that  the  slightest  remark  or  affront  may  give  rise  to 
great  excitement.  The  first  step  toward  misconduct  must  be 
checked  if  we  would  arrest  still  greater  trouble.*    It  is  with  the 

*  As  Vice-President  Fillmore,  in  remarking  upon  the  "  dignity  and  decorum  "  of  the 
senate,  and  the  "  powers  and  duties  of  the  Chair,"  in  1850,  declared  :  "  How  important 
it  is  that  the  first  departure  from  the  strict  rule  of  parliamentary  decorum  should  be 
checked,  as  a  slight  attack,  or  even  insinuation,  of  a  personal  character  often  provokes 
a  more  severe  retort,  which  brings  out  a  more  disorderly  reply,  each  Senator  feeling  a 
justification  in  the  previous  aggression." 


CHAOS.  22  Z 

law-makers  precisely  as  it  is  with  boys  and  girls — one  word 
leads  to  another,  the  members  becoming  angrier  and  angrier  as 
the  discussion  proceeds,  until,  finally,  the  proprieties  of  debate 
are  utterly  forgotten  in  the  tumult  that  ensues. 

I  have  seen  the  proceedings  apparently  going  on  smoothly, 
when  one  member  would  "catch  the  Speaker's  eye."  To 
"  catch  the  Speaker's  eye"  means  that  a  member  is  "recog- 
nized "  by  the  Speaker,  just  as  the  Senators  are  recognized  by 
the  Vice-President,  and  that  he  thus  obtains  the  floor  and  the 
right  to  speak.  Some  Representatives  seem  to  have  great 
difficulty  in  getting  the  attention  of  the  Speaker.  One  of  them 
is  reported  to  have  said  that  he  had  served  as  a  member  of  the 
House  for  a  number  of  years,  and  caught  the  malaria,  and  the 
measles,  and  the  mumps,  and  nearly  everything  else  that  is 
to  be  caught  in  Washington,  but  that  he  had  never  yet  caught 
the  Speaker's  eye. 

Well,  the  member  who  has  the  floor  may  be  a  fiery,  forcible 
talker,  and,  beginning  his  speech,  gradually  warms  up  with  his 
subject  and  gradually  rouses  his  antagonists.  Suddenly  he 
gives  one  blast  of  burning  eloquence  ;  and  then  the  other  Con- 
gressmen spring  to  their  feet  and  glare  at  the  orator.  In  an- 
other moment  there  is  chaos  ! 

Some  of  the  scenes  would  remind  an  Irishman  of  the  good 
old  days  of  Donnybrook  Fair.  I  have  seen  members  roll  up 
their  sleeves.  I  have  seen  two  disputants  rush  down  the  aisles, 
from  either  side  of  the  Mall,  into  the  area  of  freedom,  shaking 
their  fists  at  each  other  in  so  vigorous  a  manner  as  to  induce 
younger  House  pages  to  run  over  to  the  Senate  and,  waving 
their  hands  to  their  friends,  breathlessly  exclaim  :  "  Come  on, 
boys,  quick  !  there's  going  to  be  a  fight  !  " — an  invitation 
which  would  instantly  deplete  the  Chamber  of  every  House  and 
Senate  page,  and  cause  a  tumultuous  stampede  to  the  Hall.  I 
have  seen  two  such  members  facing  each  other  like  gladiators, 


224  AMOA'G    THE  LAW- MAKERS. 

both  vociferating  and  violently  gesticulating,  when  one  has  re- 
ferred to  the  other  as  "the  vicviber  from  New  York."  Thi 
violation  of  parliamentary  courtesy  was  treated  as  an  insult. 
'' Say  gent  leinati  f — "Well,  then,  'gentleman/''"  retortec 
the  other,  and  the  sarcastic  emphasis  he  put  upon  the  word  was 
even  more  irritating  than  his  first  offense.  One  wild  Congress- 
man, in  a  memorable  scene,  ten  years  ago,  so  lost  his  wits,  that 
he  jumped  upon  his  desk  in  the  very  eloquence  of  his  wrath  ! 

But  these  simoons  of  passion  are  not  generally  of  long  dura- 
tion. The  Speaker,  with  the  assistance  of  the  Sergeant-at- 
Arms  and  his  mace  of  authority,  eventually  succeeds  in  bring- 
ing the  unruly  members  to  a  stand-still.  Then  if,  in  the  excite- 
ment, they  have  gone  too  far,  they  are  required  to  do  penance. 
The  Constitution  permits  a  member  of  Congress  to  abuse,  with 
perfect  impunity,  any  "  outsider"  under  the  sun.  He  cannot 
be  punished  for  slander  or  in  any  other  way  held  to  answer  for 
it  by  the  courts.  This  is  known  as  the  constitutional  "  Free- 
dom of  Debate."  It  is  a  very  important  privilege.  The  ob- 
ject of  it  is  to  allow  Senators  and  Representatives  to  express, 
without  fear,  their  honest  opinions  about  men  and  things.  But 
they  are  not  expected  to  abuse  one  another  ;  and  when  a  Rep- 
resentative "  disappoints  that  expectation  "  or  says  anything 
else  that  is  offensive  to  good  taste — in  other  words,  "  uses  un- 
parliamentary language  " — his  breach  of  propriety  is  regarded 
as  an  insult  to  the  House,  and  he  is  required  to  retract  the 
words  and  apologize,  and  in  aggravated  cases  he  is  even  brought 
before  the  bar,  in  custody  of  the  Sergeant-at-Arms,  where  the 
Speaker  pronounces  upon  his  head  the  solemn  cejisnre  of  the 
House.  Nothing  less  than  this  would  appease  the  wounded 
dignity  of  that  mighty  body  ! 


CHAPTER    XXVII. 

MUCH    ADO    ABOUT    NOTHING. 

The  last  session  of  the  Forty-third  Congress  was  a  remarka- 
\y  lively  one.      Three  noted  measures  engaged  the  attention 
•  the  law-makers.     The  bill  providing  for  the  resumption  of 
pecie  payments  was  of  great  financial  moment,  but  it  is  un- 
'.ecessary  to  say  anything  about  it  here  further  than  to  record 
the  fact  that  it  became  a  law  on  the  14th  of  January.  1875.    The 
bill   "  to  provide  against  the  invasion  of  States,  to  prevent  the 
subversion  of  their  authority,  and  to  maintain  the  security  of 
elections,"  was  inspired  by  the  presence  of  Federal  troops  at 
scenes  of  political  turbulence  in  the  South  ;  it  did  not,  however, 
become  a  law,  and  is  mentioned  merely  because  of  the  memo- 
rable filibustering  opposition  it  encountered  in  the   House  on 
the  24th  and  25th  of  February.      The  Civil  Rights  Bill  passed 
both   Houses  and  was  approved  by  the   President,  and  j-et  — 
strange  to  relate  ! — it  did  not  become  law  ;  the  proceedings, 
therefore,  deserve  more  than  passing  notice. 

We  have  seen  that  this  question  of  civil  rights  was  a  disturb- 
ing element  in  the  Senate  during  the  session  of  1874,  and  that, 
notwithstanding  the  obstructive  methods  of  the  minorit}',  the 
Senate  passed  its  bill.  That  Senate  bill  went  over  to  the 
House,  but  it  was  not  acted  upon  by  the  Representatives.  In 
the  winter  of  1875  it  still  peacefully  slumbered  on  the  Speaker's 
table. 

During  the  session  of  1874,  however,  the  House  had  had  be- 
15 


226  AMONG    THE  LAW-MAKERS. 

fore  it  one  of  its  own  bills  in  relation  to  civil  rights,  the  pur- 
poses of  which  were  similar  to  those  of  the  Senate  measure.  This 
House  bill,  after  discussion,  had  been  disposed  of,  not  by  pas- 
sage but  by  recommitment  to  the  Committee  on  the  Judiciary. 

The  tug-of-\var  came  on  Wednesday,  the  27th  of  January, 
1875.  Shortly  after  the  meeting  of  the  House  on  that  day.  Gen- 
eral Butler  arose  and  tried  to  report  from  the  Judiciary  Committee 
the  bill  which  had  been  so  recommitted  in  1874.  The  minority 
in  the  House  had  no  more  fondness  for  the  measure  than  the 
minority  in  the  Senate  had  for  the  Senate  bill  ;  they  made  a 
point  of  order  against  the  presentation  of  the  report,  hoping  in 
this  way  to  prevent,  or  at  least  defer,  the  consideration  of  the 
bill.  Speaker  Blaine  held  that  while  the  Committee  on  the  Ju- 
diciary might  not,  under  the  order  of  the  House  recommitting 
the  bill  to  it,  have  acquired  the  right  to  report  back  at  any 
time,  still  a  motion  to  reconsider  the  rccommitvient  was  "  highly 
privileged"  and  "amounted  to  the  same  thing."  The  objec- 
tion of  the  minority  was  thus  overcome  by  a  very  simple  par- 
liamentary manoeuvre.  Instead  of  reporting  the  bill  back  and 
asking  for  its  consideration,  it  was  only  necessary  to  reconsider 
the  vote  by  which  the  bill  had  been  recommitted,  and  the  re- 
consideration of  that  vote  would  restore  the  bill  to  the  place  it 
had  had  before  the  House  at  the  time  of  its  recommitment. 

The  Republican  hosts,  in  command  of  General  Butler,  then 
decided  to  force  the  motion  to  reconsider;  Mr.  Randall,  on  be- 
half of  the  Democratic  minority,  opposed  the  motion  by  "  rais- 
ing the  question  of  consideration."  In  other  words,  the  imme- 
diate question  before  the  House  was,  "  Will  the  House  consider 
the  motion  for  reconsideration  ?  "  It  was  evident  that  the  Re- 
publican majority  intended  to  consider  the  motion  if  they  could 
get  a  vote  on  the  question  ;  the  minority  resolved  to  defeat  that 
intention  if  they  could,  by  preventing  a  vote  ;  they  had  but  one 
recourse— to  filibuster  !     Accordingly,  the  battle  began. 


MUCH  ADO  ABOUT  NO  1  JUNG.  -27 

Early  in  the  afternoon  the  first  filibustering  movement  was 
made,  and  from  that  time  onward  the  scenes  about  the  Hall 
were  perhaps  the  worst  I  ever  saw — and  that  is  saying  a  good 
deal.  There  were  motions  to  adjourn  for  the  day,  motions  to 
adjourn  to  a  day  certain,  motions  to  take  a  recess,  motions  to 
adjourn,  motions  for  recess,  motions  to  adjourn,  motions  for  re- 
cess, motions  to  adjourn,  motions  for  recess,  motions  to  ad- 
journ, and  so  on  and  so  forth  ; — it  was  horrible  !  Over  and  over 
the  roll  went  the  Clerk,  over  and  over  again  the  members  re- 
sponded to  their  names,  and  General  Butler,  determined  not  to 
desert  his  post,  sat  as  if  riveted  to  his  chair,  watching  the  tactics 
of  the  enemy. 

Onward  and  onward  went  the  roll-call  all  that  afternoon  and 
all  that  night!  And  while  the  hours  dragged  wearily  and 
moodily  along  ;  while  some  members  retired  to  the  sofas  in  the 
rear  of  the  seats  or  in  their  committee-rooms  to  sleep,  only  to  be 
awakened  again  and  again  to  answer  to  their  names  ;  while  the 
reporters  and  clerks  took  turns  in  their  naps  ;  while  other  mem- 
bers crawled  under  the  desk,  where  they  could  call  out  their 
votes  to  the  Clerk  without  seriously  breaking  their  rest ;  while 
the  "spectators"  snored  in  the  galleries,  and  the  pages  went 
to  sleep  on  the  steps, — during  all  this  while  the  commander-in- 
chief  remained  in  his  seat,  "sitting  out"  the  minority!  Oh, 
what  a  night  !  The  call  of  the  roll  in  the  House  takes  half  an 
hour.  From  Wednesday  afternoon,  the  roll  went  steadily  on — 
forty  times  ! — until  within  a  few  minutes  of  the  regular  time  for 
reassembling  on  Thursday. 

Yet  even  then  the  House  did  not  pause  to  take  breath. 
The  hour  of  twelve  saw  no  cessation  of  hostilities.  The  legis- 
lative day  of  Wednesday  still  went  on,  and  as  it  passed  the 
hour  of  twelve.  General  Butler  called  out  :  "  Does  not  the  rul- 
ing of  the  Chair  that  this  is  a  continuous  legislative  day  put  us 
out  of  the  benefit  of  clergy  ?     That  is,  can  we  have  prayers  to- 


228  AMONG    THE   LAW-MAKERS. 

day  ?  "  The  General  having  cracked  his  joke,  and  those  who 
were  not  too  feeble  having  duly  laughed,  the  filibustering  was 
resumed.  All  that  afternoon,  all  that  night,  and  far  into  the 
morning,  the  same  old  scenes,  the  same  old  motions,  the  same 
old  "Calls  of  the  House,"  the  same  old  "Yeas  and  Nays" 
and  roll-calls— thirty-six  times  more  !  At  twenty-five  minutes 
after  ten  o'clock  on  the  morning  of  Friday,  the  29th  of  January, 
the  House  adjourned  to  the  following  day  at  noon.  Thus 
ended  the  legislative  day  of  Wednesday,  the  27th,  after  a  con- 
tinuous session  of  nearly  forty-seven  hours,  and  after  seventy- 
six  calls  of  the  roll  ! 

Well,  the  House  reassembled  on  Saturday,  January  30th,  at 
twelve  o'clock,  and  General  Butler  and  the  filibusters  were  again 
on  hand.  The  minority  now  resorted  to  an  ingenious  expedient 
to  kill  time.  Instead  of  making  motions  and  bothering  them- 
selves as  much  as  their  adversaries  by  demands  for  the  Yeas 
and  Nays,  they  insisted  upon  the  reading  in  full  of  the  journal 
of  Wednesday's  proceedings.  There  was  no  escape  from  the 
demand.  The  rules  of  the  House  provided  that  the  reading 
of  the  journal  should  not  be  dispensed  with  except  by  unani- 
mous consent  ;  the  Constitution  provided  that  the  Yeas  and 
Nays  should,  upon  the  demand  of  one-fifth  of  the  members,  be 
entered  upon  that  journal ;  the  Yeas  and  Nays  had  been  so  de- 
manded by  the  minority  :  hence,  the  roll-calls  formed  a  part  of 
the  journal  and  must  be  read  in  full !  It  was  a  veritable  thun- 
derbolt ;  it  was  Mr.  Randall  who  hurled  it,  and  he  had  good 
reasons  for  his  course.  He  understood  too  well  the  temper  of 
General  Butler,  and  Speaker  Blaine,  and  the  other  Republican 
leaders,  not  to  know  that  mischief  was  on  foot.  He  knew  that 
they  were  manufacturing  a  bomb — his  object  was  to  prevent 
them  from  bursting  it  that  day.     He  succeeded. 

You  may  judge  of  the  ordeal,  however,  from  the  fact  that 
although  the  Clerk  ran  over  the  names  as  glibly  as  his  tongue 


MUCH  ADO  ABOUT  NOTJUNG.  229 

could  carry  him,  the  reading  was  still  unfinished  when,  at  forty 
minutes  past  four  o'clock  in  the  afternoon,  the  majority,  having 
become  utterly  fatigued,  moved  that  the  reading  be  suspended 
and  that  the  House  adjourn  until  Monday,  February  ist.  The 
motion  was  made  by  General  Butler  ;  it  is  needless  to  add,  it 
was  carried. 

The  valiant  minority,  however,  were  doomed.  The  House 
met  on  Monday.  Mr.  Randall's  fears  were  realized — the  ex- 
plosion came — a  motion  to  amend  the  rules  ! 

At  ten  minutes  before  six  o'clock,  in  the  evening,  a  recess 
was  taken  until  the  following  (Tuesday)  morning,  at  ten.  The 
consideration  of  the  question  of  changing  the  rules  was  resumed. 
At  length  the  Republicans  passed  (under  suspension  of  the 
rules)  a  resolution  authorizing  the  Committee  on  Rules  "  to  re- 
port to  the  House  for  consideration  and  action  at  the  present 
time,  any  new  rules  or  changes  of  rules."  The  resolution  fur- 
ther provided  that,  when  the  Committee  should  so  report,  no 
dilatory  motions  should  be  allowed,  and  that  discussion  upon 
such  rules  and  amendments  should  be  limited  to  one  hour  ! 

Scarcely  had  the  resolution  been  adopted,  when  General 
Garfield,  of  the  Committee  on  Rules,  got  up  and  made  the 
dreaded  report.  Despite  the  cries  of  the  minority,  a  new  rule 
was  made — 

Whenever  a  question  is  pending  before  the  House  the  Speaker  shall  not 
entertain  any  motion  of  a  dilatory  character  except  one  motion  to  adjourn 
and  one  motion  to  fix  the  day  to  which  the  House  shall  adjourn. 

That  was  its  main  provision.  It  acted  like  magic.  Filibus- 
tering was  at  an  end  ! 

The  Republicans  having  thus  made  things  secure,  the  House, 
'it  3:55  P.M.,  adjourned.  On  Wednesda}',  the  3d  of  February, 
victors  and  vanquished  appeared  once  more  upon  the  field  of 
battle.     The  Republicans  coolly  demanded  "  Regular  Order  ! '' 


230  AMONG    THE  LAW-MAKERS. 

The  Speaker  arose  and  stated  the  question  before  the  House  : 
"  The  question  is,  Will  the  House  consider  the  motion  to  recon- 
sider the  vote  by  which  the  civil-rights  bill  was  referred  to  the 
Judiciary  Committee  ?  "  The  Yeas  and  Nays  were  called  :  148 
voted  in  the  affirmative,  91  voted  in  the  negative.  The  House 
agreed  to  consider  the  motion. 

Then  said  the  Speaker  :  "The  question  now  recurs  on  the 
motion  to  reconsider  the  motion  by  which  the  House  recom- 
mitted the  civil-rights  bill  to  the  Judiciary  Committee,"  The 
House  so  "  agreed," 

Then  General  Butler  withdrew  his  motion  to  recommit  made 
at  the  preceding  session  of  1874.  By  this  movement  the  bill 
was  left  boldly  before  the  House,  and  the  Speaker  at  once  an- 
nounced :  "  The  question  recurs,  Shall  this  bill  be  engrossed 
and  read  a  third  time  ?  "     The  majority  meant  business  ! 

The  minority  could  now  do  nothing  but  talk.  The  debate 
began.  It  was  exhilarating,  to  say  the  least.  It  ran  into  the 
4th  of  February,  On  that  day,  a  Democratic  member  from 
Kentucky  took  the  floor.  I  shall  call  him  "  Mr,  X.Y.Z,"  He 
said  : 

"  It  is  not  my  purpose  on  this  occasion  to  discuss  the  legal 
aspects  of  this  bill.  I  have  done  that  heretofore  in  a  carefully 
prepared  speech,  delivered  during  the  last  session  of  Congress. 
I  had  hoped  that  this  measure  would  fail ;  but  it  is  now  mani- 
fest to  all  of  us  that  it  is  a  foregone  conclusion  that  to-day's  sun 
may  set  upon  it  as  a  law  of  the  land.  Men  upon  the  opposite 
side  have  been  dragooned  into  its  support,  and  its  success  has 
been  in  a  measure  accomplished  by  a  daring  and  revolutionary 
innovation  on  the  time-honored  rules  of  this  House.  It  is  the 
culminating,  crowning  iniquity  of  radicalism.  It  is  born  of 
malignity  ;  it  will  be  passed  in  defiance  and  in  violation  of  the 
Constitution  ;  and  executed,  I  fear,  in  violence  and  bloodshed." 

Here  a  Republican  member  interposed  and  raised  the  point 


MUCH  ADO   ABOUT  NOTHING.  23 1 

of  order  lh.it  the  language  was  not  parliamentary  as  applied  to 
a  measure  then  pending  before  the  House,  and  demanded  that 
the  words  be  taken  down.  The  official  reporter  wrote  out  from 
his  shorthand  notes  the  last  sentence  above  quoted,  and  handed 
the  transcript  to  the  Clerk,  who  read  it  from  the  desk.  The 
Speaker  ruled  that,  in  his  opinion,  the  language  did  not  tran- 
scend "  the  limit  of  parliamentary  debate." 

The  member  from  Kentucky  thereupon  proceeded  with  his 
speech.  As  his  vehemence  increased,  he  delivered  his  remarks 
point-blank  at  the  heads  of  the  Republicans,  and  the  Speaker 
had  to  caution  him  to  address  the  Chair.  He  did  as  he  was  bid 
— and  dealt  the  Speaker  himself  a  stinging  blow  ! 

For  some  minutes,  the  words  of  the  orator  rose  to  the  lofti- 
est eloquence  ;  then  he  began  to  descend.  As  he  continued, 
the  Speaker  thought  the  remarks  were  growing  personal,  and 
asked  the  Representative  if  he  was  referring  to  another  mem- 
ber of  the  House.  The  gentleman  from  Kentucky  answered 
that  he  was  not — that  he  was  simply  describing  an  individual 
in  his  "mind's  eye."  In  another  moment,  however,  his  pur- 
pose was  made  apparent,  for,  with  a  fierce  and  scathing  remark, 
unmistakable  in  its  meaning,  he  turned  and  faced  —  General 
Butler  ! 

I  need  not  picture  the  wild  disorder  that  ensued.  "  Cave  of 
the  Winds  !  " — it  was  then  a  perfect  whirlwind  of  excitement ! 

Again  the  words  were  taken  down  and  read  at  the  desk. 
One  Republican  wanted  the  member  from  Kentucky  expelled. 
Other  motions  in  the  same  direction  were  made.  After  a 
heated  discussion,  the  following  resolution  was  adopted  by  a 
strict  party  vote  of  161  to  79  : 

Resolved,  That  the  member  from  Kentucky,  Mr.  X.  V.  Z.,  in  the  hm- 
guage  used  by  him  upon  the  floor  and  taken  down  at  the  Clerk's  desk,  as 
well  as  in  the  prevarication  to  the  Speaker,  by  which  he  was  enabled  to 
complete  the  utterance  of  the  language,  has  been  guilty  of  a  violation  of 


232  AJfONG    THE  LAW-MAKERS. 

the  privileges  of  this  House  and  merits  the  severe  censure  of  the  House  for 
the  same. 

Rcsolvi-d,  That  said  X.  Y.  Z.  be  now  brought  to  the  bar  of  the  House 
in  the  custody  of  the  Sergeant-at-Arms,  and  be  there  publicly  censured  by 
the  Speaker  in  the  name  of  the  House. 

Then  General  Butler,  who  had  taken  no  part  in  the  discus- 
sion over  the  resolution,  obtained  permission  to  make  a  personal 
explanation.  The  confessional  part  of  his  brief  statement  was 
characteristic  : 

"  I  hav^e  been  here  eight  years.  I  have  engaged  in  debate 
perhaps  a  great  deal  more  than  I  ought  to  have  done.  I  call 
upon  any  gentleman  who  served  with  me  during  the  present 
Congress — I  call  upon  every  gentleman  here  who  served  with 
me  during  the  eight  years  I  have  been  here,  whether  in  all  that 
time  I  have  ever  commenced  a  personal  attack  upon  any  man 
in  this  House  ;  whether  I  have  ever  stepped  out  of  my  way  to 
do  an  unkind  thing  or  say  any  unkind  word  of  a  single  gentle- 
man of  the  House  until  I  was  first  attacked. 

"  Be  he  who  he  may,  speak  whom  I  have  offended.  Let 
this  thing  be  settled  once  for  all,  for  I  have  endeavored  with 
studied  courtesy  never  to  attack  ;  and  I  have  endeavored  one 
other  thing,  sir — when  I  was  attacked  never  to  leave  a  man 
until  he  was  sorry  he  did  it.     I  have  no  more  to  say." 

When  the  cheers  that  greeted  this  sally  had  subsided,  the 
Speaker  ordered  the  Clerk  to  read  the  resolution  just  passed  by 
the  House.  The  resolution  having  been  read,  the  Sergeant-at- 
Arms  descended  from  his  chair  upon  the  platform,  and  march- 
ing to  the  seat  of  the  member  from  Kentucky  took  him  into 
custody  and  brought  him  before  the  bar  of  the  House.  And 
then,  so  silent  had  the  House  become  that  not  even  a  whisper 
was  heard  as  the  Speaker  solemnly  arose  and  slowly  delivered 
the  sentence  of  wrath  : 

"  Mr.  X.  Y.  Z.,  you  are  arraigned  at  the  bar  of  the  House, 


MUCH  ADO  ABOUT  NOTHING. 


233 


under  its  formal  resolution,  for  having  transgressed  its  rules  by- 
disorderly  remarks  and  for  having  resorted  to  prevarication 
when  your  attention  was  called  to  your  violation  of  decorum 
by  the  Speaker. 

"  For  this  duplicate  offense  the  House  has  directed  that  you 
be  publicly  censured  at  its  bar.  No  words  from  the  Chair  in 
the  performance  of  this  most 
painful  duty  could  possibly 
add  to  the  gravity  of  the 
occasion  or  the  severity  of 
the  punishment.  It  remains 
only  to  pronounce  in  the 
name  of  the  House  its  cen- 
sure for  the  two  offenses 
charged  in  the  resolution." 

The  gentleman  from 
Kentucky  bowed,  and  in  a 
quiet  voice  rejoined  : 

"  Sir,  I  wish  now  to  state 
that  I  intended  no  evasion 
or  prevarication  to  the 
Speaker,  and  I  will  now 
add  no  disrespect  to  the 
House." 

He  was  then  discharged 
from  custody  and  permitted 
to  return  to  his  seat,  and  the  House  (at  5:35  P.M.),  thinking  it 
had  done  enough  for  the  day,  took  a  recess  until  the  following 
morning  at  ten  o'clock. 

On  Friday,  the  5th  of  February,  the  speech-making  was 
brought  to  a  close.  After  disposing  of  proposed  amendments 
(among  others  one  which  was  defeated,  to  substitute  for  the  pro- 
visions of  the  House  bill  the  text  of  the  bill  which  had  passed 


"  And  I  have  endeavored  one  other  thing,  sir — " 


234  AMONG    THE  LAW-MAKERS. 

the  Senate),  the  House  came  to  a  vote  on  the  passage  of  the 
bill.  The  Yeas  and  Nays  were  ordered;  there  were  162  Yeas, 
99  Nays. 

The  bill  then  went  to  the  Senate.  Although  the  questions 
involved  had  been  thoroughly  debated  at  the  previous  session, 
the  Senators  expressed  their  views.  The  most  noticeable  argu- 
ment was  that  of  Senator  Carpenter  against  the  bill — an  argu- 
ment remarkable  not  only  because  made  by  a  leader  of  the 
political  party  advocating  the  legislation,  but  because  of  the 
eloquent  and  powerful  logic  with  which  he  assailed  the  con- 
stitutionality and  policy  of  the  measure.  Nevertheless,  by  a 
vote  of  38  to  26,  it  passed  the  Senate  on  the  27th  of  February, 
and  before  the  Forty-third  Congress  came  to  an  end  on  the  4th 
of  March,  it  received  the  approval  of  the  President. 

But  I  should  not  omit  the  sequel.  After  all  this  filibuster- 
ing, which  had  robbed  the  Senate-pages  of  their  rest  in  1874, 
and  nearly  paralyzed  the  pages  of  the  House  in  1875  ;  after  all 
this  torrent  of  words  and  passion,  and  stirring  up  of  sectional 
strife,  the  Supreme  Court  of  the  United  States,  a  few  years  ago, 
declared  the  measure  so  attempted  to  be  enacted  into  law  to 
be,  in  all  its  essential  features,  in  conflict  with  the  Constitution 
and  therefore  inoperative  and  void  !  * 

*  The  decision  was  rendered  at  its  October  term,  1883,  and  is  reported  in  its  109th 
volume  of  Reports,  at  page  3,  to  which  the  reader  is  referred  for  information  as  to  the 
exact  provisions  of  the  bill  and  the  constitutional  principles  involved. 


'CHAPTER   XXVIII. 

INVESTIGATIONS. 

The  members  of  the  House  are  very  jealous  of  their  "  dig- 
nity." They  are  often,  as  wc  have  seen,  careless  enough  about 
it  themselves  ;  but  woe  to  any  other  person  who  may  dare  to 
defy  their  authority!  After  a  brief  digression  about  other  mat- 
ters, I  will  give  you  an  instance  illustrative  of  this  fact  as  well 
as  of  the  value  of  the  Supreme  Court. 

The  Congressional  elections  in  the  fall  of  1874  resulted  in 
the  defeat  of  the  Republican  party,  which,  for  many  years, 
had  held  uninterrupted  control  of  the  legislative  and  executive 
departments  of  the  Government.  With  the  close  of  the  Forty- 
third  Congress,  the  terms  of  all  of  the  Representatives  of  course 
expired.  The  Republicans  gave  their  Democratic  friends  a 
stormy  farewell  ;  the  Democrats,  upon  taking  control  of  the 
Forty-fourth  House,  were  to  make  things  merry  for  the  Repub- 
licans. 

In  pursuance  of  a  proclamation  of  the  President,  the  Senate 
began  a  special  session  on  the  5th  of  March,  1875.  The  newly, 
elected  Senators  were  sworn  in,  the  executive  business  sub- 
mitted by  President  Grant  was  disposed  of,  and  on  the  24th  of 
the  month  the  Senate  adjourned  sine  die.  Before  adjourning, 
it  was  wise  enough  to  choose  a  President/;-^  iejtipore.  Senator 
Ferry  was  appointed.*    Within  a  short  time  of  the  day  for  reas- 

*  Senator  Carpenter,  who  had  been  President //v  tempore^  was  among  the  outgoing 
Senators  on  the  4th  of  March,  1875. 


236  AMONG    THE  LAW-MAKERS. 

sembling,  Vice-President  Wilson  died,  and  Senator  Ferry  be- 
came the  Acting  Vice-President  of  the  United  States, 

Upon  Monday,  the  6th  of  December,  1875,  began  the  first 
regular  session  of  the  Forty-fourth  Congress,  a  session  which, 
for  length  of  days  and  vigor  of  proceedings,  was  destined  to  be- 
come historically  eminent.  Popular  interest  naturally  centred 
in  the  organization  of  the  House.  Representative  Kerr,  of 
Indiana,  was  elected  Speaker,  and  the  Democrats  further  dis- 
played their  power  by  appointing  a  new  set  of  officers.  As  to 
the  Representatives  themselves,  it  is  unnecessary  to  go  into 
particulars.  General  Butler  had  been  left  behind  at  the  last 
election.  Representative  Dawes  had  been  transferred  to  the 
Senate,  and  other  men  conspicuous  in  the  Forty-third  Congress 
were  missed  from  the  Hall.  Ex-Speaker  Blaine  and  General 
Garfield  were  there  ;  so,  also,  were  Mr.  Randall  and  Benjamin 
H.  Hill  and  "  Sunset  "  Cox.  Under  such  circumstances  and 
with  such  "  kindred  spirits,"  a  peaceful  session  was  out  of  all 
question. 

Just  before  the  Christmas  holidays,  both  Houses  of  Con- 
gress, the  President,  and  the  Supreme  Court  went  to  Philadel- 
phia to  see  the  Centennial  Exposition  buildings  and  to  sit  down 
to  a  sumptuous  banquet  prepared  for  them  by  the  people  of 
that  city.  I  remember  that  fact  distinctly,  because  the  pages 
were  among  the  invited  guests.  As  to  exactly  what  else  worth 
recording  happened  within  the  few  weeks  before  Christmas,  my 
memory  is  somewhat  vague  ;  as  to  what  occurred  within  a  few 
weeks  after,  my  memory  is  clear.     The  Amnesty  Debate ! 

That  debate  was  simply  ferocious  !  It  began  in  earnest  when 
Mr.  Blaine  took  the  floor  on  Monday,  the  loth  of  January,  1876; 
it  raged  with  almost  relentless  fury  from  that  time  until  the  House 
came  to  a  vote  on  Friday,  January  14th.  Blaine,  Hill,  Garfield, 
Randall,  Cox,  Banks — all  the  great  orators  of  the  House,  locked 
horns.     But  I  shall  not  discuss  that  discussion.     I  present  the 


INVESTIGATIONS.  2^7 

dates  ;  if  inquisitive,  you  may  consult  the  files  of  the  press  and 
read  descriptions.     The  bill  was  defeated.* 

The  next  thing  that  happened  involved  questions  of  great 
constitutional  consequence.  Another  digression,  by  way  of  ex- 
planation, and  you  shall  hear  about  it. 

Not  only  has  Congress  the  sole  authority  to  make  laws  and 
grant  supplies  for  the  other  departments  of  the  Government, 
but,  as  a  part  of  its  general  functions,  it  has  supervisory  pow- 
er over  the  manner  in  which  they  perform  their  duties.  It 
watches  carefully  all  their  doings.  It  is  continually  calling  up- 
on the  President  (cither  directly  or  through  his  Cabinet  ofii- 
cers)  for  information  concerning  foreign  or  domestic  affairs,  and 
thus  keeps  properly  informed  in  regard  to  our  relations  with 
other  nations  and  the  internal  interests  of  the  country.  This 
surveillance,  or  watch,  is  established  over  all  proceedings,  both 
great  and  small,  in  which  the  Republic  is  or  may  be  interested. 

When  Congress  hears  of  any  official  misconduct  or  question- 
able transaction,  affecting  our  glory  or  our  pockets,  it  at  once 
institutes  an  inquiry  into  the  matter.  This  power  of  Con- 
gressional Inquiry  may  be  exercised  by  the  Senate  and  the 
House,  either  jointly  or  independently,  and,  in  important  mat- 
ters, special  investigating  committees  are  appointed.  At  about 
the  time  when  I  became  a  Senate-page,  a  great  investigation 

*  The  3d  section  of  the  14th  Amendment  to  the  Constitution  declares:  "  No  per- 
son shall  be  a  Senator  or  Representative  in  Congress,  or  Elector  of  President  and 
Vice-President,  or  hold  any  office,  civil  or  military,  under  the  United  States,  or 
under  any  State,  who,  having  previously  taken  an  oath,  as  a  member  of  Congress, 
or  as  an  officer  of  the  United  States,  or  as  a  member  of  any  State  legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the  Constitution  of  the  United 
States,  shall  have  engaged  in  insurrection  or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the  enemies  thereof.  B-ut  Congress  may,  by  a  two-thirds  vote  of  each 
House,  remove  such  disability."  The  effect  of  this  provision  was  to  impose  political 
disabilities  on  many  participants  in  the  Civil  War.  The  proposition  before  the  House 
was  to  remove  those  disabilities — in  short,  a  measure  granting  "general  amnesty." 
The  debate  was  conducted  on  party  lines — Democrats  against  Republicans.  The  vote 
stood,  184  to  97  ;  two-thirds  not  voting  in  favor,  the  bill  was  lost. 


238 


AMONG    THE  LAW-MAKERS. 


/ 


was  conducted  into  the  career  of  the  notorious  "  Ku  Khix 
Klan,"  and  some  of  the  costumes  worn  by  members  of  that 
order  were  introduced  in  evidence,  and  remained  in  the  posses- 
sion of  the  Sergeant-at-Arms.     These  costumes  we  pages  would 

deHghtedly  don  in  our 

night-session  pilgrim- 
ages, and  wander,  a 
silent  but  awful  band, 
through  the  corridors 
and  rooms  of  the  Capi- 
tol, to  the  consternation 
of  all  visitors.  If  you 
have  ever  seen  one  of 
these  weird,  fantastic 
outfits,  you  can  im- 
agine the  hideous  spec- 
\    tacle  we  presented. 

There  are  always 
Congressional  commit- 
tees at  work  investi- 
gating something  or 
other,  and  much  money 
is  annually  consumed 
in  the  pursuit  of  infor- 
mation. Sometimes 
the  committees  trav- 
erse the  country  dur- 
ing the  vacations  of  Congress,  stopping  at  various  places  to 
take  the  testimony  of  witnesses  ;  and,  during  the  sessions  of 
Congress,  the  Sergeants-at-Arms  of  both  bodies,  or  their  dep- 
uties, scour  the  continent  after  unwilling  witnesses,  and  bring 
them  to  Washington  for  examination  before  the  committees. 
In  one   case  of  investigation,  Mr.  Christie,   whose   duties   are 


A  Midnight  Frolic. 


IN  VESTIGA  TIONS.  239 

practically  those  of  Deputy  Sergeant-at-Arms  of  the  Senate, 
was  fourteen  days  chasing  a  single  witness  over  the  United 
States — but  he  caught  him  ! 

To  enable  them  to  conduct  their  investigations  as  thorough- 
ly as  possible,  these  committees  are  empowered  to  summon, 
swear,  and  examine  witnesses,  and  to  require  the  production  of 
books  and  papers,  and  to  this  extent  they  resemble  judicial 
bodies.  To  refuse  to  testify  or  produce  papers,  therefore,  is  to 
defy  the  authority  of  Congress  ;  and  for  such  a  refusal — no 
matter  on  what  ground  it  is  based — a  man  summoned  as  a  wit- 
ness may  be  punished  by  a  fine  of  $1,000  and  imprisonment  in 
a  common  jail  for  twelve  months.  That  is  the  worst  that  can 
happen  to  him.^^  But  there  is  one  great  restriction  to  be  noted. 
The  law-makers  cannot  inflict  the  punishment ;  they  must  turn 
the  matter  over  to  the  United  States  Attorney  for  the  District 
of  Columbia,  and  give  the  ofTender  a  trial  by  jury  in  a  court. 
At  least,  so  reads  that  law. 

Yet  while  Congress  knows  very  well  that  it  cannot  try  pri- 
vate citizens  for  misdemeanors,  still  it  has  frequently  claimed 
the  right  to  punish  obstinate  witnesses  for  conteinpt  of  its 
authority.  And  it  has  actually  punished  them  !  It  is  like  the 
man  of  whom  we  have  read.  His  lawyer  called  at  the  jail  to 
see  him,  and  heard  his  case.  "  Why,  my  dear  fellow,"  said  the 
lawyer,  "  they  can't  put  you  in  jail  for  tJiat  !  "  "  That  may  be," 
said  the  man,  as  he  peered  through  the  iron  bars  of  his  cell, 
"  but — they  have  put  me  here  for  it  !  " 

Now,  with  this  explanation,  you  will  better  understand  the 
important  matter  that  came  up  in  one  of  these  investigations, 
and  which  finally  resulted  in  settling  the  great  question  as  to 
the  power  of  Congress  to  punish  for  "  contempt  "—a  proceed- 
ing which,  in  its  very  nature,  is  a  judicial  and  not  a  legislative 
act. 

"  The  least  penalty  is  a  fine  of  $icx)  and  one  month  in  jail. 


240  AMONG    THE  LAW-MAKERS. 

A  certain  citizen  of  this  country  owed  the  Government  some 
money,  and  a  committee  of  the  House  of  Representatives  of 
the  Forty-fourth  Congress,  wishing  to  find  out  something  about 
his  financial  condition,  made  an  investigation.  They  summoned 
witnesses  and  questioned  them.  One  of  these  witnesses,  by 
the  name  of  Hallet  Kilbourn,  but  whom,  for  short,  I  shall  call 
by  the  legal  name  of  John  Doe,  was  a  real-estate  broker,  and 
the  committee  commanded  him  to  bring  the  books  of  his  busi- 
ness for  examination.  Mr.  Doe  thought  that  the  committee 
had  no  right  to  inquire  into  his  personal  affairs,  and  he  refused 
to  answer  its  questions  or  to  produce  the  books. 

The  committee  became  very  indignant,  and  reported  the  mat- 
ter to  the  House.  That  body  stood  by  its  committee,  and 
ordered  its  Sergeant-at-Arms  to  arrest  Mr.  Doe,  the  recusant 
witness.  The  Sergeant-at-Arms  did  as  he  was  commanded,  and 
(on  the  14th  of  March,  1876)  brought  Mr.  Doe  before  the  bar 
of  the  House,  like  a  prisoner  of  state.  Speaker  Kerr  asked  him 
if  he  was  prepared  to  answer  the  questions  and  produce  the 
books.  Then  Mr.  Doe  presented  a  written  statement,  giving  his 
reasons  for  declining  to  obey  the  House. 

But  the  House  was  not  satisfied  with  his  explanation,  and 
declared  that  he  should  be  punished  as  guilty  of  contempt  of  its 
dignity  and  authority.  It  therefore  ordered  the  Sergeant-at- 
Arms  to  keep  him  in  custody  in  the  common  jail  of  the  District 
of  Columbia  until  he  should  notify  the  House  of  his  readiness 
to  comply  with  its  commands.  So  he  was  marched  off  to  prison 
and  put  into  a  cell.  As  he  afterward  said,  it  was  not  a  very 
luxurious  place  of  abode,  but  he  "  had  a  variety  of  scenery — 
toward  the  north  and  east  were  the  swamps  and  marshes  of  the 
Potomac  ;  to  the  south,  the  work-house,  poor-house,  and  ceme- 
tery ;  and  looking  toward  the  west  he  could  see  the  Goddess 
of  Liberty  on  the  dome  of  the  Capitol,  and  occasionally  get  a 
glimpse  of  the  star-spangled  banner — that  grand  emblem  of  the 


IN  VESTIGA  TIONS.  24 1 

freedom  of  American  citizens — floating  from  the  top  of  the 
House  of  Representatives  !  " 

He  had  a  good  time,  however,  for  a  while.  He  regarded 
himself  as  the  guest  of  the  nation — like  King  Kalakaua — and 
he  used  to  order  good  dinners  at  the  jail,  and  invite  his  friends 
to  join  him  at  the  expense  of  the  Government.  But  the  House 
of  Representatives  heard  of  this  ;  its  members  grew  more  in- 
dignant than  ever,  and  directed  that  he  should  not  be  allowed 
anything  beyond  the  ordinary  prison-fare  of  ordinary  criminals 
sojourning  at  that  rural  retreat.  This  was  too  much  for  Mr. 
Doe.  He  determined  to  get  out  of  jail.  He  applied  to  the 
Supreme  Court  of  the  District  of  Columbia  to  protect  him.  A 
writ  of  habeas  corpus  *  was  issued  in  his  belialf,  and  he  was 
brought  before  the  court.  After  a  long  argument,  the  Chief 
Justice  of  the  District  decided  that  his  imprisonment  by  the 
House  of  Representatives' was  illegal,  and  ordered  him  to  be 
set  free.  So,  after  forty-five  days  of  durance  vile,  Mr.  Doe  was 
allowed  to  return  to  his  fireside  and  business. 

But  the  matter  did  not  end  there.  Mr.  Doe  considered 
the  action  of  the  House  an  indignity,  and  he  brought  suit  (in 
the  Supreme  Court  of  the  District  of  Columbia)  against  the 
Sergeant-at-Arms,  the  Speaker,  and  the  members  of  the 
House  who  had  caused  the  arrest,  claiming  damages  in  a 
large  sum. 

That  case  finally  reached  the  Supreme  Court  of  the  United 
States,  where  it  was  decided  that  the  House  of  Representa- 
tives had  done  wrong.t  The  Court  admitted  that  the  House 
could  exercise  a  few  powers  somewhat  judicial  in  their  nature, 
under  the  express  provisions  of  the  Co7istitution,  and,  where 

*"  You  may  have  the  body. "  A  writ  very  important  to  imprisoned  citizens,  and 
the  privilege  of  which  cannot  be  suspended  unless  in  cases  of  rebellion  or  invasion  the 
public  safety  require  it.     So  says  the  Constitution. 

t  This  important  decision  was  rendered  by  the  Supreme  Court  at  its  October  term, 
1880,  and  may  be  found  m  its  103d  volume  of  Reports  (13th  Otto),  at  page  168. 
i6 


242  AMONG    THE  LAW-MAKERS. 

the  examination  of  witnesses  is  necessary  to  the  performance  of 
its  constitutional  duties,  could  fine  or  imprison  a  contumacious 
witness  ;  but  that  there  is  not  found  in  the  Constitution  of  the 
United  States  any  general  power  vested  ///  either  Honse  to  pun- 
ish for  "  contempt." 

And  the  decision  went  further  than  that.  It  declared  that 
Congress  had  no  right  to  inquire  into  the  "  private  affairs  "  of  a 
citizen,  as  it  had  attempted  to  do,  through  its  investigating  com- 
mittee, in  order  to  find  out  something  about  the  financial  con- 
dition of  a  Government  debtor  ;  that  such  an  investigation  is 
judicial  in  its  character,  not  legislative,  and  therefore  belongs 
to  the  courts — not  to  Congress. 

The  afifair  produced  quite  a  sensation  at  the  time,  and  many 
people  thought  that  the  members  who  instigated  this  attack  on 
the  rights  of  an  American  citizen  should  have  been  imprisoned 
instead  of  Mr.  Doe.  The  Supreme  Court,  however,  held  that — 
while  the  Sergeant-at-Arms  was  liable  to  a  suit  at  law  for  the 
wrong  which  he  had  helped  the  Congressmen  to  commit — they 
(the  members)  could  not  be  sued  or  punished,  because  of  the 
provision  of  the  Constitution  to  which  I  have  before  referred 
that  exempts  Congressmen  from  responsibility  for  anything  said 
in  debate. 

So  Mr.  Doe's  suit  for  damages  to  his  business  and  reputa- 
tion was  continued  as  against  the  Sergeant-at-Arms  ;  and  after 
a  number  of  verdicts,  and  a  number  of  arguments  by  a  number 
of  lawyers,  a  judgment  was  recently  rendered  against  the  Ser- 
geant-at-Arms for  $20,000  and  the  costs  of  suit.  Of  course 
that  officer  had  simply  obeyed  the  orders  of  the  House  in 
arresting  and  imprisoning  Mr.  Doe,  and  consequently  it  was 
supposed  by  the  jury  that  whatever  judgment  was  rendered 
against  him  Congress  would  appropriate  the  money  to  sat- 
isfy. That  is  what  everyone  else  "  supposed  "  too.  And  they 
were  all  correct  in  their  conjectures,  for,  at  the  last  session  of  the 


INVESTIGATIONS.  243 

last  Congress,"  an  appropriation  was  made  covering  the  entire 
judgment,  and  giving  some  money  besides,  to  the  Sergeant-at- 
Arms  and  his  lawyers  for  their  zeal  and  trouble  in  defending 
the  "  right  "  of  the  House.  In  all,  the  appropriation  amounted 
to  about  $30,000,  and  I  presume  Mr.  Doe  and  the  Sergeant- 
at-Arms  became  warm  friends. 

But  the  Public  Treasury  has  had  to  pay  for  a  Congressional 
mistake. 

»  March,  1885. 


CHAPTER   XXIX. 

AN   IMPEACHMENT   TRIAL. 

It  is  the  constitutional  right  of  the  House  of  Representa- 
tives, if  it  believes  the  President,  the  Vice-President,  or  any  civil 
officer  of  the  Government,  guilty  of  "  treason,  bribery,  or  other 
high  crimes  and  misdemeanors,"  to  take  steps  to  have  such  per- 
son put  upon  trial  and,  if  proved  guilty,  removed  from^  office. 
In  such  case  the  House  makes  a  charge  against  the  officer, 
called  an  "  impeachment,"  and  it  then  becomes  the  duty  of  the 
Senate  to  tr}rthe  truth  of  this  charge,  thus,  for  the  time  being, 
turning  itself  into  a  court.  When  the  President  of  the  United 
States  is  tried  the  Chief  Justice  acts  as  presiding  officer,  other- 
wise the  President  of  the  Senate  officiates.  If  found  guilty  by 
two-thirds  of  the  Senators  present,  the  person  so  accused  may 
be  removed  from  his  position  and  disqualified  from  holding  any 
other  office  of  honor,  trust,  or  profit  under  the  United  States. 
That  is  as  far  as  Congress  can  go  toward  punishing  him  ;  any 
further  punishment  must  be  imposed  by  the  ordinary  courts  of 
justice  after  a  regular  trial  by  jury,  as  in  other  offences  against 
the  law. 

An  impeachment  trial  is  an  awe-inspiring  affair.  Many  of 
you  have  heard  about  the  impeachment  of  President  Johnson. 
Well,  think  of  it !  Think  of  the  House  of  Representatives,  sol- 
emnly, in  the  name  of  the  people  of  this  great  country,  arraign- 
ing the  President  at  the  bar  of  the  Senate  ;  and  think  of  the 
Senate,  presided  over  by  the  Chief  Justice  of  the  United  States, 


AN  IMPEACHMENT  TRIAL.  245 

sitting  in  judgment,  possessing  the  power  to  remove  the  head 
of  the  Republic  from  office  !  In  all  the  range  of  human  pomp 
and  power,  what  spectacle  more  imposing,  what  tribunal  more 
august,  can  your  fancies  picture  ? 

The  House  of  Representatives  of  the  Forty-fourth  Congress 
kept  a  number  of  investigating  committees  at  work.  The 
Democrats,  as  I  have  said,  were  in  control  of  the  House,  and 
they  were  vigilantly  overhauling  the  Republican  administra- 
tion of  the  Government.  In  groping  about  after  official  error 
and  delinquency  on  the  part  of  their  opponents,  one  of  the 
committees  of  the  House  came  to  the  conclusion  that  it  had 
found  a  culprit  in  the  person  of  a  distinguished  ex-member  of 
the  Cabinet,  a  gentleman  who  had  until  within  a  few  days  been 
the  Secretary  of  War.  As  I  took  the  liberty  of  calling  Mr. 
Kilbourn  by  the  name  of  John  Doe,  I  shall  call  this  official  by 
the  name  of  Doe's  fictitious  associate,  Richard  Roe. 

The  committee  recommended  to  the  House  that  "  Richard 
Roe,  late  Secretary  of  War,  be  impeached  of  high  crimes  and 
misdemeanors  w'hile  in  office."  This  was  on  the  2d  of  March, 
1876.  I  give  the  dates,  that  you  may  realize  the  deliberate 
manner  in  which  each  body  moved. 

The  House  adopted  the  recommendation,  and  appointed  a 
committee  of  five  members  to  proceed  to  the  bar  of  the  Senate, 
there  to  impeach  Richard  Roe,  late  Secretary  of  War,  of  high 
crimes  and  misdemeanors,  and  to  request  the  Senate  to  take 
proper  action.  The  next  day  members  of  the  committee  so 
appointed  appeared  in  the  Senate,  and,  being  duly  announced 
by  the  Sergeant-at-Arms,  they  marched  down  the  broad  centre 
aisle  to  the  bottom  step,  where  they  paused.  Then  Represen- 
tative Clymer,  the  chairman  of  the  committee,  in  a  very  effec- 
tive style  of  oratory,  said  : 

"  Mr.  President  :  In  obedience  to  the  order  of  the  House 
of  Representatives  we  appear  before  you,  and  in  the  name  of 


246  AMONG    THE  LAW-MAKERS. 

the  House  of  Representatives  and  of  all  the  people  of  the 
United  States  of  America,  we  do  impeach  Richard  Roe,  late 
Secretary  of  War,  of  high  crimes  and  misdemeanors  while  in 
office  ;  and  we  further  inform  the  Senate  that  the  House  of 
Representatives  will  in  due  time  exhibit  articles  of  impeach- 
ment against  him,  and  make  good  the  same.  And  in  their 
name  we  demand  that  the  Senate  shall  take  order  for  the  ap- 
pearance of  the  said  Richard  Roe  to  answer  said  impeachment." 

Then  the  committee  retired.  Subsequently  the  House  pre- 
pared the  articles,  and  appointed  seven  of  its  members  as 
managers  to  conduct  the  impeachment.  On  the  4th  of  April 
these  managers  appeared  at  the  bar  of  the  Senate  and  were  an- 
nounced.    The  chief  manager,  Mr.  Lord,  then  spoke  as  follows  : 

"  Mr.  President,  the  managers  on  the  part  of  the  House  of 
Representatives  are  ready  to  exhibit  on  the  part  of  the  House 
articles  of  impeachment  against  Richard  Roe,  late  Secretary  of 
War." 

The  President  pro  tempore  (Senator  Ferry)  at  once  said  : 
"  The  Sergeant-at-Arms  will  make  proclamation." 

Thereupon  Mr.  French,  the  Sergeant-at-Arms,  arose  from  his 
chair  on  the  right  of  the  presiding  officer  and  walked  to  the  end 
of  the  Secretary's  desk,  where  he  cried  out,  in  a  loud  voice  : 

"  Hear  ye  !  hear  ye  !  hear  ye  !  All  persons  are  commanded 
to  keep  silence,  on  pain  of  imprisonment,  while  the  House  of 
Representatives  is  exhibiting  to  the  Senate  of  the  United 
States  articles  of  impeachment  against  Richard  Roe,  late  Sec- 
retary of  War." 

The  chief  manager  then  read  the  articles  of  impeachment, 
which  contained  a  statement  of  the  alleged  misbehavior  of  the 
ex-officer,  after  which  the  President  pro  tempore  said  :  "  The 
Chair  informs  the  managers  that  the  Senate  will  take  proper 
order  on  the  subject  of  the  impeachment,  of  which  due  notice 
shall  be  given  to  the  House  of  Representatives." 


AN  IMPEACHMENT   TRIAL.  247 

The  next  clay  the  Senate  organized  itself  as  a  court.  The 
Chief  Justice  of  the  United  States  was  sent  for,  and  he  adminis- 
tered to  the  President/rt?  tempore  2iV\d  each  of  the  Senators  pres- 
ent, the  following  oath:  "  You  do  solemnly  swear  that  in  all 
things  appertaining  to  the  trial  of  the  impeachment  of  Richard 
Roe,  late  Secretary  of  War,  now  pending,  you  will  do  impartial 
justice  according  to  the  Constitution  and  laws.  So  help  you  God." 
On  the  17th  of  April  the  trial  formally  began.  On  that  day 
the  Capitol  was  literally  packed  with  people,  all  eager  to  wit- 
ness the  uncommon  and  imposing  proceedings.  The  Senate 
transacted  its  usual  business  for  half  an  hour,  when  the  Presi- 
dent pro  tempore,  striking  with  his  gavel,  arrested  debate  and 
made  this  announcement : 

"The  hour  of  twelve  o'clock  and  thirty  minutes  having  ar- 
rived, in  pursuance  of  rule  the  legislative  and  executive  busi- 
ness of  the  Senate  will  be  suspended  and  the  Senate  will 
proceed  to  the  consideration  of  the  articles  of  impeachment 
exhibited  by  the  House  of  Representatives  against  Richard 
Roe,  late  Secretary  of  War." 

He  then  ordered  the  Sergeant-at-Arms  to  make  proclama- 
tion, which  was  done  as  follows — a  form  of  proclamation 
thereafter  made  by  Mr.  French  regularly  every  day  at  the 
opening  of  the  court  : 

"  Hear  ye  !  hear  ye  !  hear  ye  !  All  persons  are  commanded 
to  keep  silence,  on  pain  of  imprisonment,  while  the  Senate  of 
the  United  States  is  sitting  for  the  trial  of  the  articles  of  im- 
peachment exhibited  by  the  House  of  Representatives  against 
Richard  Roe,  late  Secretary  of  War." 

The  Chief  Justice  administered  the  oath  to  such  Senators 
present  as  had  not  been  sworn  ;  and  the  Secretary  was  in- 
structed to  notify  the  House  that  the  Senate  was  ready  to  pro- 
ceed with  the  trial,  and  that  seats  were  provided  for  the 
accommodation  of  the  members. 


248  AMONG    THE  LAW-MAKERS. 

Within  a  few  minutes  Richard  Roe  and  his  counsel  entered, 
and  they  took  seats  at  a  long  table  to  the  right  of  the  Secretary's 
desk.  After  them,  the  managers  on  the  part  of  the  House  were 
announced,  and  they  took  seats  at  another  long  table  to  the 
left  of  the  desk, 

Mr,  Lord  stated  that  the  House  of  Representatives  had  re- 
solved itself  into  a  Committee  of  the  Whole  and  would  attend 
on  being  waited  upon  by  the  Sergeant-at-Arms.  Mr,  French 
was  accordingly  despatched  to  the  House,  and  in  about  three 
minutes  he  returned,  followed  by  the  Chairman  of  the  Commit- 
tee of  the  Whole,  the  Speaker,  the  Clerk,  and  the  members  of 
the  House, 

Mr.  French  having  made  oath  that  he  had  served  upon 
Richard  Roe  the  summons  of  the  Senate,  notifying  him  to  be 
present,  the  President  pro  tempore  instructed  him  to  "  call 
Richard  Roe,  the  respondent,  to  appear  and  answer  the  charges 
of  impeachment  brought  against  him,"  So  Mr,  French  again 
took  his  stand  at  the  end  of  the  Secretary's  table,  and  shouted 
away  as  if  the  late  Secretary  of  War  were  in  Alaska,  instead  of 
sitting  serenely  in  front  of  the  desk  : 

"  Richard  Roe,  Richard  Roe,  appear  and  answer  the  articles 
of  impeachment  exhibited  against  you  by  the  House  of  Repre- 
sentatives." 

Then  stood  up  ex-Senator  Carpenter,  one  of  the  counsel  for 
Mr.  Roe,  and  one  of  the  most  brilliant  lawyers  this  country  has 
ever  seen.  Running  his  fingers  through  his  long,  iron-gray 
locks  he  gave  his  head  a  shake,  and  in  his  fiery,  dashing  style, 
thus  answered  for  his  client  : 

"Mr,  President:  Richard  Roe,  a  private  citizen  of  the 
United  States  and  of  the  State  of  Iowa,  in  obedience  to  the 
summons  of  the  Senate  as  a  court  of  impeachment  to  try 
the  articles  presented  against  him  by  the  House  of  Rep- 
resentatives  of  the  United  States,  appears  at  the  bar  of  the 


A  A  JMFEAClIMENr   TRIAL.  249 

Senate  sitting  as  a  court  of  impeachment  and  interposes  tlie 
following  plea." 

The  plea  stated  that,  as  the  respondent,  Richard  Roe,  was 
not  then  an  officer  of  the  Government,  but  a  private  citizen  of 
the  United  States,  the  House  had  no  right  to  impeach  and  the 
Senate  was  without  authority  to  try  him — in  other  words,  that 
the  Senate  had  no  jurisdiction  over  him. 

This  "  plea  to  the  jurisdiction  "  raised  an  important  question 
of  constitutional  law  at  the  very  threshold  of  the  trial,  and 
nothing  could  be  doneuntil  its  decision.  The  Senators  debated 
the  matter  for  days,  the  arguments  being  made  with  closed 
doors,  just  as  in  executive  session,  and  did  not  reach  a  decision 
for  a  month  or  more.  On  the  ist  day  of  June  a  majority  of  the 
Senators  concluded  that  the  Senate  had  jurisdiction — that  is, 
that  it  had  a  right  to  try  the  articles  of  impeachment,  notwith- 
standing the  fact  that  the  respondent  was  not  an  officer  of  the 
Government  at  the  time  of  the  impeachment. 

After  another  month  consumed  in  legal  parleying  and  de- 
lays, the  Senate,  on  the  6th  of  July,  proceeded  with  the  trial  as 
on  the  plea  of  "  not  guilty."  Opening  speeches  having  been 
made,  witnesses  were  produced  by  the  managers  to  testify 
against  the  respondent,  and  they  were  examined  and  cross- 
examined,  and  their  statements  sifted  by  redirect-examination 
and  recross-examination.  Then  other  witnesses  were  produced 
by  the  respondent  to  answer  the  statements  of  the  witnesses  on 
the  part  of  the  managers.  On  the  19th  of  July  evidence  was 
closed,  and  arguments  were  then  made  by  the  managers  and 
counsel  for  respondent.  These  arguments  were  many  and  elab- 
orate, and  lasted  from  the  20th  to  the  27th  of  July. 

At  length,  on  Tuesday,  August  1st,  a  vote  was  taken  by 
the  Senate  upon  the  guilt  or  innocence  of  the  accused.  There 
were  five  distinct  charges,  or  articles  of  impeachment,  and  a 
separate  vote  was  taken  on  each  article.     For  instance,  the  first 


-50  AMONG    THE  LAW-MAKERS. 

article  was  read,  and  then  the  President  of  the  Senate  asked 
each  Senator  this  question  : 

"  Mr.  Senator ,  how  say  you?     Is  the  respondent, 

Richard  Roe,  guilty  or  not  guilty  of  high  crimes  and  misde- 
meanors as  charged  in  this  article  ?  " 

To  which  the  Senators  responded,  the  responses  were  re- 
corded, and  the  vote  announced.  Then  the  second  article  was 
read,  the  same  question  propounded  to  the  Senators,  and  so 
on  through  the  series  of  articles. 

The  result  was  that  the  respondent  was  acquitted  upon  each 
and  every  one  of  the  five  articles  of  impeachment  exhibited  by 
the  House  against  him,  and  a  judgment  of  acquittal  was  accord- 
ingly entered  by  the  Secretary.  Senator  Edmunds  then  made 
a  motion  that  the  Senate  sitting  for  that  trial  adjourn  without 
day  ;  and  the  motion  being  agreed  to,  the  President /r^  tempore 
said  : 

"  The  Senate,  sitting  for  the  trial  of  the  impeachment  of 
Richard  Roe,  stands  adjourned  without  day." 

Whereupon  the  Senate  threw  oft' its  judicial  robes*  and  re- 
turned to  its  other  business.  And  so  the  long  and  great  trial 
came  to  an  end,  and  the  gentleman  who  had  been  impeached 
by  the  House  of  Representatives  went  out  into  the  world,  with 
all  his  rights  and  privileges  of  citizenship  preserved,  and  with 
the  congratulations  of  his  many  friends. 

Of  course,  during  this  long  period  the  Senate  had  not  neg- 
lected its  legislative  duties.  It  would  meet  at  the  ordinary 
hour  and  go  ahead  with  its  ordinary  work,  then  suspend  it  and 
proceed  with  the  trial  for  a  few  hours,  then  suspend  the  trial 
and  go  back  to  legislation,  and  then  perhaps  conclude  the  day 
with  an  executive  session — all  being  done  continuously,  without 
interruptions  by  recess  or  other  loss  of  time.     It  is  rather  in- 

*  A  figure  of  speech,  by  the  way,  for  only  the  Justices  of  the  Supreme  Court  wear 
judicial  toggery. 


AN  IMPEACHMENT   TRIAL.  25 1 

tcresting  to  think  of  the  Senate  in  one  day  doing  so  many  difter- 
cnt  things — now  attending  to  legislative,  now  to  executive,  now 
to  judicial,  and  now  resuming  its  legislative  business.  But  it 
did  it. 

So  you  see  that  the  Senate  of  the  United  States,  with  its 
variety  of  powers,  is,  lifter  all,  a  decidedly  peculiar,  versatile, 
and  majestic  body. 


CHAPTER  XXX. 

DIVERSIONS. 

As  we  pages  sliared  with  the  law-makers  the  onerous  work  of 
legislation,  it  was  but  fair  that  we  should  share  the  legislative 
pleasures.  "  Partakers  in  every  peril,  in  the  glory  we  were  en- 
titled to  participate."'  The  justice  of  this  principle  was  never 
disputed  ;  and  accordingly,  ^vhenever  or  wherever  senatorial 
ceremonies  or  festivities  were  under  way,  we  were  to  be  found 
in  the  company  of  the  Senators. 

During  the  first  session  of  the  Forty-fourth  Congress  we 
took  part  in  two  gala  frolics.  To  one  of  these  I  have  incident- 
ally referred.  You  have  all  heard  of  the  great  Centennial  Ex- 
position of  1876.  While  the  buildings  were  being  erected  the 
citizens  of  Philadelphia  invited  the  members  of  the  Senate  and 
House,  together  with  the  President  and  his  Cabinet,  the  Justices 
of  the  Supreme  Court,  and  certain  other  Government  officials, 
to  visit  that  city  and  see  how  the  work  was  progressing.  The 
invitation  was  accepted.  Quite  a  number  of  pages  went  along, 
and  this  holiday  journey  did  not  cost  any  of  us  a  cent.  A  spe- 
cial train  was  provided,  and  on  Friday,  the  17th  of  December, 
1 87  5,  we  said  an  revoir  to  Washington  and  started  on  our  jour- 
ney to  the  Quaker  City.  We  reached  the  station  in  West 
Philadelphia  in  the  evening.  Carriages  were  in  waiting,  and 
the  members,^  of  the  visiting  party  were  driven  to  hotels,  and, 
on  the  morrow,  to  the  Exposition  grounds. 

Arriving  there,  we  were  shown  various  buildings  and  sights, 


'DIl'EKSIOXS.  253 

and  then  taken  to  Horticultural  Hail,  where  the  gayeties  were 
to  culminate  in  a  grand  banquet.  Great  preparations  had  been 
made.  In  the  centre  of  the  large  room  were  thirteen  long 
tables,  and  all  around  us  were  exotics  and  other  choice  plants 
and  flowers.  President  Grant  was  given  the  seat  of  honor  at 
the  middle  table,  and  the  other  guests  were  distributed  about 
miscellaneously,  we  pages  selecting  some  special  tables  where 
we  could  have  a  good  time  and  enjoy  the  feast  undisturbed. 

When  all  the  guests  at  the  other  tables  had  done  justice  to 
the  viands,  the  remainder  of  the  time  was  devoted  to  speech- 
making.  But  the  fact  that  we  were  still  busily  engaged  in  sat- 
isfying the  appetites  of  boys  is  my  excuse  for  not  giving  you  a 
more  detailed  description  of  the  doings  of  our  seniors. 

Later  on,  we  made  another  journey  to  Philadelphia.  The 
members  of  Congress  received  an  invitation  to  attend  the  open- 
ing of  the  Exposition,  and,  as  before,  the  pages  went  too.  On 
the  9th  of  May,  1876,  cars  were  placed  at  the  Senators'  disposal, 
and  most  of  the  pages  left  on  the  early  train.  We  had  to  take 
a  roundabout  journey  this  time  by  the  way  of  York,  Penn.  ; 
but  we  enjoyed  it.  Whenever  the  cars  stopped,  if  only  for 
an  instant,  we  would  spring  to  the  ground  and  then  jump 
back  again.  I  suppose  many  people  wondered  at  the  meaning 
of  this.  Our  object,  however,  was  to  be  able  to  say  that  we 
had  honored  the  soil  of  that  particular  place  by  touching  it. 
As  we  crossed  the  Susquehanna  River  the  train  "  slowed-up." 
and  we  alighted  upon  the  long  bridge  and  began  to  admire  the 
river.  Some  of  the  pages  came  from  the  rear  car,  and  so  lost 
in  their  study  of  the  scenery  did  they  become  that  the\-  only 
recovered  their  wits  in  time  to  see  the  train  darting  through  the 
town  of  Columbia,  half  a  mile  away  from  them.  It  was  fortu- 
nate that  it  was  the  fust  section  of  the  Congressional  train. 
After  waiting  for  several  hours,  they  boarded  the  second  sec- 
tion ;  but  I  think  the  little  episode  of  the  bridge  caused  them 


2  54  AMONG    THE  LAW-MAKERS. 

to  take  no  further  interest  in  the  scenery  during  the  remainder 
of  the  trip. 

On  the  next  day  the  great  exhibition  was  formally  opened. 
It  was  a  glorious  affair.  The  proceedings  were  witnessed  by 
the  Senators  and  pages  and  other  guests  from  the  grand  stand 
erected  for  their  accommodation  ;  and  by  tens  of  thousands  of 
other  visitors  massed  upon  the  grounds.  And  on  the  following 
day  the  Congressional  train  carried  back  to  Washington  a 
goodly  company  of  law-makers,  among  whom  none  were  more 
weary  from  the  unusual  exertions  of  the  great  ceremonial  than 
the  Senate-pages. 

It  is  scarcely  necessary  to  state  that  we  were  not  obliged  to 
go  away  from  Washington  for  diversion.  We  made  the  most 
of  our  leisure  time  during  a  session.  Nearly  every  morning  in 
fair  weather  we  played  match  games  of  base-ball  with  the 
House-pages,  in  the  large  plaza  east  of  the  Capitol.  Usually 
the  screaming  of  the  whistles  at  twelve  o'clock  would  stop  us  in 
the  middle  of  a  game,  and  we  would  rush  into  the  Senate-cham- 
ber just  in  time  to  hear  the  Vice-President  pronounce  the  words, 
"  The  Senate  will  come  to  order  !  "  It  required  a  great  amount 
of  will-power  for  a  troop  of  boys  to  leave  an  exciting  contest  of 
ball  and,  within  a  minute,  change  to  the  hard  mental  work  of 
legislation.     That  we  did  it,  shows  the  versatility  of  our  talents. 

Frequently  a  Senator,  about  to  enter  the  Capitol,  would 
pause  for  a  short  time  to  take  part  in  our  game,  and  it  was  no 
uncommon  sight  to  see  a  dignified  law-maker  jumping  from  the 
ground  to  catch  a  ball  flying  above  his  head,  while  it  was  even 
less  uncommon  to  see  him  "  muff"  or  miss  it  altogether.  Still, 
they  were  merely  a  little  out  of  practise — so  they  said — and 
they  enjoyed  the  sport  as  much  as  we  enjoyed  it. 

General  Garfield,  while  a  member  of  the  House,  often  played 
truant  and  ran  out  into  the  suburbs  of  the  city  to  witness  this 
favorite  pastime,  when  his  presence  was  perhaps  needed  at  the 


DIl'JiRSIONS.  255 

Capitol.  I  remember  one  afternoon  when  he  reached  tlie  stand 
on  the  grounds  a  few  minutes  after  1  did.  I  was  leaning  against 
the  front  rail  of  the  platform,  and,  clapping  me  on  the  shoulder, 
he  asked,  "  Who's  ahead  ?  "  I  gave  him  the  information,  and 
he  thereupon  became  so  interested  in  the  game  that  he  seemed 
unaware  that  his  heavy  weight  upon  my  little  body  was,  to 
say  the  least,  inconvenient.  He  was  constantly  exclaiming  : 
"Good  catch!"  "Fine  hit!"  "Oh!  what  a  muff!"  and 
other  well-Unown  extracts  from  base-ball  language,  and  he 
soon  grew  so  vehement  as  to  make  me  feel  the  effects.  I 
thought  it  wise  to  move  to  a  place  of  safety,  and  finally  suc- 
ceeded in  edging  away  through  the  crowd,  "somewhat  the 
worse  for  wear." 

On  summer  evenings  we  would  go  boating  on  the  beauti- 
ful Potomac,  and  prove  on  the  water,  as  well  as  on  the  land,  our 
superiority  over  our  rivals  of  the  Lower  House.  Four  of  us 
once  put  off  in  a  row-boat — a  delicate  outrigger — and  pulled  up 
the  Potomac  as  far  as  the  rapids,  and  then  we  turned  about. 
On  the  homeward  trip  we  had  a  pleasant  time  for  a  spell— now 
singing  a  choice  selection  from  an  opera,  now  quietly  gliding 
along  with  no  sound  but  that  made  by  our  oars.  But  as  we 
neared  the  city  the  other  pleasure  parties  gradually  retired, 
and  the  river  was  left  entirely  to  us..  Having  no  one  else  to 
bother,  we  had  but  one  recourse  for  excitement,  to  row  a  race 
between  ourselves.  As  we  were  all  in  the  same  boat,  this  feat 
may  seem  to  the  average  intelligence  quite  impossible.  Here 
we  manifested  our  genius.  Two  of  us  pulled  one  way  and  two 
the  other  !  It  was  an  interesting  tug  of  war.  For  some  time 
the  little  craft  remained  almost  motionless  in  the  stream  ;  but 
finally,  as  in  the  old-time  wagers  of  battle,  INIight  prevailed  and 
the  shoreward  oars  won  the  victory. 

Even  when  at  work  the  statesmen  managed  to  contribute  to 
our  pleasure  ;  and  from  this  fact,  and  from  our  efforts  to  recipro- 


2  56  AMONG    THE  LAW-MAKERS. 

cate,  it  may  justly  be  inferred  that  the  proceedings  of  the  Senate 
were  not  always  so  sombre  as  I  may  have  led  you  to  suppose. 
The  traditional  decorum  of  that  body  was  occasionally  disturbed 
by  laughter  ;  though  I  noticed  that  it  Avas  usually  a  mild,  gen- 
tlemanly sort  of  laughter.  There  was  nothing  wrong  about 
that,  for  things  occurred  which  rendered  laughter  necessary  ;  it 
really  would  have  been  impolite  not  to  laugh. 

Certain  Senators  could  not  rise  to  address  the  Senate  but  it 
would  be  a  signal  to  prepare  for  amusement.  There  was  a 
galaxy  of  humorous  speakers,  beneath  whose  pleasantries,  how- 
ever, lay  good  common-sense.  There  were,  also,  quaint  talk- 
ers, who  expressed  their  views  in  a  peculiar  style  that  charmed 
the  ear  by  its  novelty  ;  there  were  impassioned,  eloquent  Sena- 
tors ;  there  were  keen,  quick  debaters  ;  and  there  were  orator- 
ical logicians.  Many  of  the  Senators  were  masters  of  rhetoric, 
and  when  they  spoke  their  associates  and  the  people  in  the 
galleries  gave  the  closest  attention.  A  few,  belonging  to  a 
class  known  as  "  sledge-hammer  orators,"  were  not  so  fastidious 
about  rhetoric  and  syntax  ;  they  rained  down  clinching  blows 
of  logic,  but  they  sometimes  damaged  the  English  language 
as  well  as  silenced  their  antagonists.  One  of  them  was  making 
a  very  strong  argument  against  certain  propositions  advanced  by 
the  Opposition  ;  and  he  concluded  each  point  with  the  words  : 
*'  Now,  Mr.  President,  I  ask.  Can  it  be  did?  I  repeat.  Can  it 
hQdid?"  After  pausing  to  give  any  other  Senator  a  chance 
to  say  that  it  cotild  "  be  did,"  he  brought  his  fist  down  upon 
the  desk,  with  a  force  that  made  the  ink-well  rattle,  and  added  : 
"  No,  Mr.  President,  it  can  not  be  did  !  It  can  not  be  did  !  !  " 
And  then  he  proceeded  to  show  that  something  else  proposed 
by  the  other  side  could  not  be  did.  Those  remarks,  as  may  be 
taken  for  granted,  were  revised  by  the  official  reporters  before 
publication  in  the  Record. 

Some  of  the  Senators  had  interesting  eccentricities  of  gest- 


])/i-j:rsioas.  257 

ure.  For  example,  Senator  Howe  always  threw  one  of  his 
legs  across  the  arm  of  a  chair  when  beginning  a  speech,  and 
kept  it  there  until  he  finished.  Senator  Kernan  had  a  habit 
of  striking  out  with  his  hands  exactly  like  the  movements  of 
a  swimmer  ;  that  was  the  only  gesture  I  ever  saw  him  make. 
Senator  Carpenter  usually  spoke  with  his  hands  in  his  pockets. 
Senator  Nye  generally  turned  his  back  upon  the  Vice-President 
and  talked  to  the  ladies  in  the  gallery  ;  from  his  attitude,  a 
stranger  might  have  been  pardoned  for  assuming  that  the  pre- 
siding officer  of  the  Senate  sat  upon  the  roof. 

Senator  Oglesby,  however,  had  entirely  original  methods  of 
emphasizing  his  remarks.  I  well  remember  one  instance.  He 
had  the  floor  on  a  question  of  great  national  interest,  and  spoke 
with  marked  effect.  During  the  speech  he  pushed  aside  the 
chairs  near  his  desk,  and  as  his  eloquence  increased  he  ex- 
citedly paced  back  and  forth  in  the  space  thus  cleared.  With  a 
grand  flourish  of  words  he  concluded.  The  people  in  the  gal- 
leries started  an  applause.  I  could  hear  it  coming,  like  the 
rumbling  of  distant  thunder.  The  Senator  knew  that  he  had 
scored  a  triumph,  and,  casting  upon  the  other  law-makers  a 
compassionate  smile,  ha  sat  down — upon  the  floor  ! 

Even  accidents  gave  rise  to  mirth.  Senator  Pratt  occupied 
a  seat  on  the  back  row,  and  every  day  he  used  to  roll  up  his 
heavy  Record  into  a  tight  package,  ready  for  mailing,  and  toss 
it  to  the  pages.  At  times,  when  they  were  stretched  out  in 
lazy  attitudes,  he  would  try  to  rouse  them.  Once,  when  he 
wished  to  have  some  extra  fun,  he  stood  up  and  threw  the 
package,  apparently  with  all  his  might.  But  either  he  did 
not  take  good  aim  or  his  arm  slipped,  for  the  Record  whizzed 
through  the  air  and  struck  Senator  Anthony  on  the  back  of  the 
head.  With  a  cry  of  pain,  that  venerable  Senator  jumped  to 
his  feet,  his  eyes  glistening  with  astonishment  and  vengeance. 
Turning   fiercely   around   (expecting,  perchance,   to   fasten   the 


2  58  AMONG    THE  LAW-MAKERS. 

guilt  upon  a  page),  he  saw  Mr.  Pratt  bowing  profoundly  and 
profusely,  the  other  Senators  smiling.  So  Mr.  Anthony  forced 
a  smile  to  his  own  face,  and  with  an  elegant  obeisance,  that  sig- 
nified "  Oh  !  it  didn't  hurt  ;  do  it  again  if  you  wish,"  he  re- 
sumed his  seat.      But  he  rubbed  his  head  for  an  hour  or  more. 

Indeed,  the  veriest  trifles  sometimes  sufficed  to  arouse  the 
merriment  of  the  Senate  and  furnish  entertainment  to  the  gal- 
leries. 

A  Senator  over  on  the  Democratic  side  of  the  Chamber 
sailed  a  letter  into  the  air.  It  travelled  in  a  series  of  eccentric 
and  graceful  curves.  The  pages  ran  and  took  up  different  po- 
sitions where  they  thought  it  would  fall,  and  the  confusion 
caused  the  Senators  to  pause  in  their  proceedings  and  watch 
the  affair.  I  was  at  the  extreme  end  of  the  Republican  side, 
near  the  eastern  door  of  the  room,  and  a  current  of  air  in  the 
upper  regions  seized  the  missive  and  bore  it  swiftly  toward  me. 
As  it  went  floating  over  my  head,  I  made  a  leap  and  (by  the 
merest  chance)  caught  it  between  the  first  and  second  fingers  of 
my  left  hand.     The  achievement  was  thoroughly  appreciated. 

My  early  experience  in  executive  session  apparently  caused 
Senator  Sumner  to  take  a  lively  interes^t  in  me,  and  he  seemed 
to  acquire  an  especial  fondness  for  catching  me  by  the  ears. 
Often  have  I  attempted  to  pass  the  Senator,  while  he  would  be 
walking  to  and  fro  on  the  floor  of  the  Senate,  only  to  have  both 
my  ears  seized  good-naturedly,  and  to  be  asked  some  kindly 
question.  I  shall  always  remember  one  of  these  adventures. 
He  had  sent  me  on  an  errand.  Having  returned,  reported  to 
him  the  answer,  and  received  his  deep-voiced  thanks,  I  started 
to  move  away,  but  he  had  caught  me,  and  continued  his  slow 
march  — I  in  front,  Indian  file.  As  he  was  a  tall  man  and  I  a 
very  small  boy  in  comparison,  I  had  to  walk  on  tiptoe  to  ease 
the  pain,  and  even  then  it  seemed  as  if  my  ear  would  come  off 
my  head.     The  worst  of  it  was  that  he  at  once  became  so  lost  in 


'  i'('A\\^; 


The   Page's  Adventure  with   Senator  Sumner. 


d/i'JlHs/ons.  2  so 

thought  that  he  forgot  he  had  hold  of  mc.  and  mcchanicallypaccd 
up  and  down,  with  his  long  strides,  while  I  danced  a  mild  war- 
dance  for  some  minutes — it  seemed  to  me  hours — to  the  intense 
amusement  of  all  who  observed  it.  The  more  I  struggled,  the 
more  did  I  increase  the  agony,  but  I  at  last  managed  to  wriggle 
away  from  his  grasp.  The  sudden  emptiness  of  his  hand  caused 
him  to  realize  the  state  of  affairs,  and  he  begged  my  pardon  so 
energetically,  and  the  spectators  smiled  so  audibly,  that  the 
proceedings  of  the  Senate  were  interrupted  and  Mr.  Colfax  act- 
ually had  to  tap  with  his  gavel  to  restore  order  ! 

The  best  performances  were  in  the  shape  of  pantomimes,  in 
which  the  pages  acted  the  parts  of  harlequins.  A  few  of  us, 
perhaps,  did  not  have  too  exalted  notions  of  senatorial  dignity  ; 
others  meant  well  but  Avere  too  impetuous  in  their  movements  ; 
but  we  all  had  one  characteristic  highly  developed — a  magical 
way  of  mysteriously  disappearing  when  wanted  and  re-appear- 
ing when  and  where  least  expected. 

Once  there  was  something  of  unusual  seriousness  being  con- 
sidered in  the  Senate;  the  galleries  were  filled,  and  the  solem- 
nity of  the  proceedings  was  simply  awful  !  Nearly  all  of  the 
pages  were  gathered  on  the  Republican  side  of  the  Chair,  and 
looked  liked  so  many  penguins  as  they  sat  closely  together  on 
the  lower  steps.  For  a  wonder,  they  were  actually  sitting  still 
and  behaving  themselves.  Their  heads  were  bending  over,  as 
if  they  were  studying  the  carpet,  when  another  page,  on  the 
Democratic  side,  seeing  the  state  of  affairs,  took  a  handful  of 
snuff  from  one  of  the  boxes  and,  making  a  rapid  detour  of  the 
desk,  passed  his  hand  beneath  the  noses  of  the  dozen  boys. 
The  deafening  concert  that  ensued  completely  upset  the  gravity 
of  the  Senate. 

On  warm  summer  nights  the  bats  would  fly  through  the 
open  windows  of  the  Marble  Room,  and,  crossing  the  lobby, 
dash  about  the  Chamber  in  a  bewildering  style.      Their  gyra- 


26o  AMONG    THE  LAW-MAKERS. 

tions  were  as  nothing,  however,  in  comparison  with  the  antics 
of  the  chasing  pages  endeavoring  to  drive  them  from  the  room. 

In  racing  for  messages  and  turning  corners  some  of  the 
boys  would  not  take  the  precaution  to  moderate  their  speed, 
and,  as  a  consequence,  they  were  continually  slipping  and  fall- 
ing. One  ill  particular  seemed  to  make  a  specialty  of  slipping 
down  on  the  large  brass  register  in  front  of  the  Secretary's 
desk. 

Senator  Morton  signalled  for  a  page,  and  three  exerted  their 
best  powers  to  reach  him.  They  were  all  in  a  bunch,  and  the 
race  was  so  exciting  and  the  distance  so  short  that  they  could 
not  check  themselves  in  time.  The  trio  struck  the  desk,  nearly 
wrenching  it  from  its  fastenings,  and  one  of  the  pages  went 
over  into  the  Senator's  lap.  It  shook  the  statesman's  nerves  ; 
it  vexed  him  ;  he  grasped  his  cane,  and  struck  at  the  offenders. 
But  he  merely  hit  the  air  ;  there  were  no  boys  in  sight.  Not 
only  had  the  culprits  disappeared,  but  all  the  other  pages,  an- 
ticipating trouble,  had  prudently  absconded.  In  the  course  of 
five  or  ten  minutes,  after  the  breeze  had  somewhat  subsided,  a 
few  of  them  returned — one  timidly  entering  one  door,  another 
cautiously  emerging  through  another  aperture,  and  so  on. 
But  most  of  them  kept  out  longer,  and  their  heads  could  be 
seen  from  the  Chamber  shooting  past  the  gallery  doors  in  the 
corridors  above. 

The  best  incident  of  this  nature  occurred  while  Mr.  Wilson 
was  Vice-President.  He  called  for  a  page,  and  as  nearly  all  of 
them  were  idle  there  was  quite  a  stampede  for  the  message 
from  either  side  of  his  table.  The  result  was  a  collision  which 
knocked  over  the  chair  and  sent  the  Vice-President  of  the  Re- 
public sprawling  toward  the  floor.  The  attention  of  the  spec- 
tators was  divided.  Some  saw  Captain  Bassett  spring  from  his 
seat  and  arrest  the  presiding  officer  in  his  downward  course, 
the    broken    chair    removed,    and    another    one    brought    in. 


DIVERSIONS.  261 

Others,  it  may  be  said  with  sHght  poetic  license,  felt  a  peculiar 
movement  of  the  atmosphere,  as  if  a  meteoric  body  had  rushed 
through  the  room,  and  just  caught  a  glimpse  of  a  score  of  heels 
disappearing  through  the  various  doors  ! 

The  House-pages,  it  may  be  taken  for  granted,  were  not  far 
behind  us  in  matters  of  this  sort.  Their  movements,  to  be  sure, 
were  not  ordinarily  as  noticeable  as  were  those  of  the  Senate- 
pages,  because  of  the  confusion  and  greater  number  of  occu- 
pants of  the  Hall ;  but,  notwithstanding  these  disadvantages, 
they  occasionally  managed  to  secure  recognition  for  their  pecu- 
liar talents. 

The  reputation  of  one  page  of  former  times,  whose  surname 
was  abbreviated  to  "  Van,"  descended  to  the  generation  of  my 
day  as  that  of  a  boy  who  was  over  much  given  to  mischief 
and  startling  surprises.  The  ceiling  of  the  House-hall,  like 
that  of  the  Senate-chamber,  is  of  glass,  through  which  the  rays 
of  the  sun  by  day,  and  the  jets  of  gas  by  night,  struggle  to 
shine.  It  was  always  esteemed  by  the  pages  a  high  privi- 
lege to  be  allowed  to  go  above  this  ceiling  when  the  electrician 
was  at  his  evening  work,  and  wander  over  the  board-walks  be- 
tween the  rows  of  panes.  One  day  at  dusk,  as  the  Representa- 
tives were  watching  from  below  the  process  of  illumination  an 
awful  crash  was  heard,  and  down  upon  the  heads  of  a  group  of 
law-makers  came  a  deluge  of  heavy  glass.  When  tranquillity 
was  regained  the  members  looked  aloft.  What  they  saw  was 
a  pair  of  youthful  legs  dangling  through  the  ceiling.  The  re- 
mainder of  the  body  was  not  visible,  but  the  Representatives 
had  no  misgivings  as  to  the  ownership  of  the  legs.  They 
breathed  a  sigh  of  relief  and,  with  one  voice,  exclaimed  : 
"  Hurrah  for  Van  !  " 

While  on  the  subject  of  House-boys,  I  may  say  that  their 
achievements  within  the  Capitol  were  no  more  ludicrous  than 
those   without.      They  were  not  so   scientific  as  the   Senate- 


262  AMONG    THE  LAW-MAKERS. 

pages,  and  lost  what  prestige  they  may  ever  have  had  as  oars- 
men by  one  disaster.  Not  many  years  ago  a  canal  flowed 
through  the  streets  of  Washington — that  is,  if  such  thick  and 
sluggish  waters  as  it  contained  can  be  properly  said  to  "  flow." 
It  was  a  useless  disfigurement  of  the  city  ;  but  it  was  near  the 
Capitol,  and  it  served  the  purposes  of  the  pages. 

One  morning  about  fifteen  of  the  boys — all  pages  of  the 
House — decided  to  while  away  an  hour  or  two  upon  the 
"placid  bosom"  of  this  canal.  Finding  a  rickety  and  aban- 
doned raft,  they  boarded  it  and  poled  their  way  along  with 
piratical  enthusiasm.  They  had  not  gone  far  when  they  ob- 
served the  flag  floating  from  the  Capitol  announcing  that  the 
House  had  convened  for  the  day.  Applying  their  united 
strength,  they  attempted,  with  one  herculean  shove,  to  send 
the  raft  to  land.  But,  alas  !  their  effort  was  too  great.  The 
raft  capsized,  and  in  an  instant  the  shipwrecked  mariners  were 
struggling  with  the  "  waves  !  "  When  fished  out  they  were 
the  most  wretched-looking  objects  imaginable.  Their  uniforms 
were  completely  spoiled. 

Mischievous  doings  were  not,  however,  confined  to  the 
pages.  That  "men  are  but  children  of  a  larger  growth"  is 
not  only  recognized  by  both  Houses  of  Congress  in  the  rules 
established  to  prevent  disorder,  but  the  truth  of  the  adage  so 
far  as  the  law-makers  and  officers  of  the  Senate  and  House  are 
concerned  has  been  confirmed  by  countless  episodes.  A  Con- 
gressional exploit  shortly  before  my  time  is  conclusive  evidence 
on  this  point. 

When  I  first  went  to  Washington  the  western  approach  to 
the  Capitol,  before  the  pending  "improvements"  were  com- 
menced, was  through  a  fine  old  park,  the  heavy  foliage  of 
which  in  spring  concealed  much  of  the  Capitol  from  view— the 
excuse  given  for  the  subsequent  destruction  of  the  park.  The 
approach  then  led  up  two  steep  parallel  terraces,  which  extended 


DIVERSIONS. 


263 


the  whole  length  of  the  building;.  The  pages,  in  winter-time, 
took  advantage  of  these  declivities  for  coasting.  Instead  of 
sleds,  however,  they  used  certain  [  1 
large  paste-board  envelope-boxes, 
which  they  obtained  from  the  fold- 
ing-rooms. 

One  day,  so  the  legend  goes, 
the  terraces  and  park  grounds  were 


Tobogganing  Extraordinary. 


covered  with  a  thick,  hard  coat  of  sleet  ;  so  the  envelope- 
boxes  were  brought  out,  and  the  lively  tobogganing  began. 
During   the  course  of  the  sport  General  Butler,  accompanied 


264  AMONG    THE  LAW-MAKERS. 

by  a  {q\\  other  Representatives,  came  along,  and  stopped  on 
the  parapet  to  witness  the  fun.  As  he  seemed  to  enjoy  the 
sight,  one  of  the  pages  asked  him  if  he  would  take  a  ride. 
After  a  brief  deliberation  the  General  remarked:  "Well,  I 
think  I  will." 

In  a  moment  a  box  was  placed  at  his  disposal  near  the  edge 
of  the  parapet,  or  upper  terrace.  Into  this,  with  considerable 
difficulty,  the  portly  Representative  compressed  himself,  and 
then  he  stated  that  he  was  "  ready."  At  the  word,  the  pages 
gave  him  a  vigorous  shove,  and  down  he  went  with  lightning 
swiftness,  to  the  great  delight  of  the  assembled  spectators.  As 
with  increased  momentum  he  struck  the  second  terrace,  the 
box  parted,  and,  with  terrific  speed,  he  finished  the  trip — all 
by  himself.  And  he  was  still  going  when  lost  in  the  distance 
of  the  park. 

At  one  period  during  the  Civil  War,  when  the  Confederate 
troops  came  within  a  short  distance  of  Washington,  the  officers 
and  employes  of  the  Senate  organized  themselves  into  a  band, 
or  "  company,"  and  tendered  to  the  President  their  services. 
President  Lincoln  thanked  them  for  their  patriotic  offer,  and 
told  them  that  perhaps  the  best  service  they  could  render  their 
country  would  be  to  stay  where  they  were  and  guard  the  Cap- 
itol. They  acted  upon  this  advice  ;  but  as  they  were  without 
muskets  or  other  weapons  and  as  no  enemy  put  in  an  appear- 
ance, these  valiant  defenders  displayed  their  heroism  in  the  only 
way  open  to  them — they  armed  themselves  with  broomsticks 
and  nightly  patrolled  the  halls  and  corridors  of  the  building. 
This  "  awkward  squad,"  or,  as  it  was  styled,  the  "  Broomstick 
Brigade,"  is  not  mentioned  by  the  historians  of  the  War.  The 
officer  in  command  was  Isaac  Bassett,  who  thus  acquired  the  title 
of  "  Captain  "  which  has  adhered  to  him  ever  since  ;  Arthur  P. 
Gorman,  then  an  officer  of  the  Senate  (having  started  in,  like 
Captain  Bassett,  as  a  page)  and  now  a  Senator  from  Maryland, 


JAMES    I.   CHRISTIE 
Acting  Assistant  Doorkeeper  (Deputy  Sergeant-at-Arras)  United  States  Senate 


DIVERSIONS.  265 

was  second  in  command,  or  "  Lieutenant  ;  "  and  redoubtable 
James  I.  Christie  rejoiced  in  the  distinction  of  "  High  Private." 
Their  doings  would  make  interesting  reading,  and  I  regret  that 
I  cannot  devote  an  entire  chapter  to  them.  I  have  adverted  to 
the  matter  in  order  to  rescue  a  fact  of  history  from  oblivion, 
and  to  add  that  knowledge  of  those  "  doings  "  was  of  consider- 
able value  to  the  pages.  When  taken  to  task  by  Captain  Bas- 
sett  or  Mr.  Christie  for  some  of  our  extravagant  night-session 
pranks,  we  had  but  to  cite  a  "  precedent,"  and  judgment  would 
be  entered  in  our  favor. 

As  with  the  officers  of  the  Senate,  so  with  the  Senators 
themselves — they  were  all  stanch  friends  of  the  pages.  They 
remembered  that  they,  at  some  time  or  other  in  the  past,  had 
been  boys  ;  and  their  memory  of  those  days,  and  a  lingering, 
though  subdued,  propensity  for  frolic,  constituted  a  strong 
bond  of  sympathy  between  them  and  their  young  companions. 

I  might  go  on,  in  my  rambling  way,  and  talk  to  you  for 
hours  at  their  expense ;  but  on  this  subject  I  have  said  enough. 
Let  me  place  on  record  as  an  instance  of  their  kindness  one  of 
the  last  performances  in  which  I  figured  as  a  page,  and  then 
pass  to  a  few  final  incidents  of  constitutional  importance. 

I  had  almost  completed  my  boyhood  days,  and  decided  to 
resign  my  place  in  the  Senate.  When  my  senatorial  friends 
heard  of  this,  they  began  to  give  mc  advice.  Among  other 
things  it  was  suggested  that  I  should  study  law  and  fit  myself 
to  succeed  one  of  the  Senators  from  New  York.  But  I  pre- 
ferred to  go  to  the  Naval  Academy.  Having  so  decided,  the 
next  step  was  to  carry  out  my  determination. 

I  accordingly  consulted  several  of  the  influential  Senators 
who  had  manifested  an  interest  in  my  welfare,  and  they 
promptly  responded  to  my  desire.  It  was  the  last  year  of 
President  Grant's  administration,  and  there  was  a  great  press- 
ure upon  him  for  all  sorts  of  offices.     But  the  Senators  told 


266  AMONG    THE  LAW-MAKERS. 

me  to  go  myself,  nevertheless.  So  one  balmy  day  I  presented 
myself  at  the  White  House,  and,  under  the  escort  of  a  Senator, 
I  was  shown  into  the  audience-room.  Although  the  President 
had  been  warned  of  my  coming  by  some  of  the  Senators,  he 
went  through  the  formality  of  asking  me  what  I  wanted.  I 
told  him  that  I  wished  to  be  appointed  a  cadet-midshipman-at- 
large  to  the  Naval  Academy. 

"  Well,"  he  quietly  remarked,  "make  out  your  application 
in  black  and  white  for  just  what  you  want,  so  that  I  can  have 
it  before  me,  and  bring  it  here  to-morrow  morning  at  eleven- 
o'clock." 

I  returned  to  the  Senate,  reported  the  result  of  the  inter- 
view, and  drew  up  my  application.  A  Senator  suggested  that 
a  recommendation  should  accompany  it ;  and,  drafting  a  testi- 
monial, he  sent  it  to  one  of  the  clerks  to  be  enrolled  on  parch- 
ment. Then  the  Senators  began  to  sign  it — Democrats  and  Re- 
publicans alike,  all  seemed  to  be  eager  to  record  their  names. 
As  I  would  go  to  one  desk  to  secure  the  signature  of  a  Senator, 
his  neighbor  would  call  out,  "Pass  it  along!"  And  so  it 
passed.  I  allowed  a  few  members  of  the  House  and  other  dis- 
tinguished visitors  to  sign  it,  just  to  let  them  see  their  names 
in  good  company.  When  finished,  it  was  a  formidable  docu- 
ment. 

The  next  day  I  entered  the  Cabinet  Room  in  obedience  to 
orders.  To  my  astonishment,  it  was  crowded  with  Senators 
and  other  dignitaries.  As  I  entered,  the  Senators  smiled,  and 
said  :  "  Here  he  is  at  last  !  "  which  sadly  unnerved  me  and 
made  me  feel  faint. 

The  President  was  sitting  at  the  farther  end  of  his  Cabinet- 
table  with  his  face  toward  the  door,  the  chair  on  his  right  was 
occupied  by  a  Senator,  and  the  one  next  to  that  by  a  Cabinet 
officer.  At  the  request  of  the  President,  I  took  a  vacant  chair 
close    by   and   produced  my  papers.      When    I    unfurled   my 


DIVERSIONS.  267 

recommendation  the  President  laughed.  "  What's  that,"  he 
inquired,  "  another  enrolled  bill  to  be  approved  ?  "  I  told 
him  what  it  was.  "  I  didn't  ask  you  to  get  that,"  he  said  ; 
"  let  me  see  your  application."  I  gave  it  to  him  and  he 
scanned  it  closely.  Then,  looking  at  mc  intently,  he  began 
some  mild  quizzing  and  bantering.  The  others,  taking  the  cue 
from  him,  did  likewise,  some  asking  me  why  I  didn't  choose  a 
Foreign  Mission.  This  caused  mc  to  feel  still  more  uneasy, 
and  the  President  observed  it.  "  Well,"  he  said,  "your  appli- 
cation is  made  out  in  proper  form  ;  "  and,  folding  it  up,  he 
wrote  upon  its  back  exactly  twenty- four  words,  not  including 
the  date  and  the  signature,  "  U.  S.  Grant." 

Of  course  I  did  not  know  what  he  had  written,  and  I 
thought  his  writing  on  the  paper  was  a  bad  omen.  I  had  ex- 
pected him  to  read  the  application,  and  then  say  :  "  You  shall 
be  appointed  ;  "  and  I  was  therefore  confused  by  his  action.  I 
resolved  to  know  my  fate  at  once. 

"  Well,  Mr,  President,"  I  exclaimed,  "  I  should  like  to  ask 
you ;  "  and  then  I  broke  down  under  my  excitement. 

"  What  is  it  ?  "  he  asked. 

"  I  should  like  to  ask  you,"  I  timidly  resumed,  "  do  you — 

do  you ,"  and  as  I  began  to  stammer  the  assemblage  again 

smiled. 

"  Do  I  what  ?  "  inquired  the  President. 

"  Well,"  I  continued,  nervously,  "  do  you  think  there's  any 
— any — any  shozo  for  me  ?  "  And  the  way  I  brought  out  that 
word  was  appalling  ! 

Then  they  all  began  to  laugh  ;  but  the  President  checked 
them. 

"  Yes,"  said  he,  slowly  and  reflectively,  yet  I  thought  I  saw 
his  eyes  twinkle  as  he  said  it,  "  you  stand  a  '  s/iow.'  There  are 
only  about  ten  thousand  applicants  ahead  of  }'ou." 

I  was  stupefied  !     I  looked  the  President  full  in  the  face  to 


268  AMONG    THE  LAW-MAKERS. 

see  if  he  was  not  in  fun.  But  he  was  as  calm  as  the  midday- 
sky.  I  grasped  my  hat,  exclaimed  "Good-morning!"  and 
rose  from  the  chair.  The  room  seemed  to  swim  around  me. 
The  Senator  who  sat  in  the  adjoining  chair  must  have  noticed 
my  pallor,  for  he  caught  me  by  the  arm  and  whispered  :  "  It's 
all  right  !     You'll  get  it !  " 

Without  looking  at  any  of  the  others,  I  rushed  straight  for 
the  door ! 


CHAPTER  XXXI. 

ODDS   AND   ENDS, 

With  the  beginning  of  the  Forty-fourth  Congress,  hostiUties 
arose  between  both  bodies  of  Congress.  The  Democrats  had 
control  of  the  House  of  Representatives  ;  the  Republicans  had 
control  of  the  Executive  Mansion  and  Senate.  Both  factions 
were  preparing  to  make  their  nominations  and  enter  upon  a 
fierce  struggle  to  capture  the  Executive  chair  in  the  fall  of 
1876,  and  both  were  on  the  look-out  for  obstructions  to  success. 

In  the  Upper  House,  the  Republican  majority  seemed  to  take 
it  for  granted  that  their  party's  candidate,  whoever  he  might 
be,  would  be  elected  ;  they  had  some  fear,  however,  that  the 
Democratic  majority  in  the  House  might  try  to  defeat  that 
election  by  an  exercise  of  their  power  under  the  Constitution. 

I  have  heretofore  called  your  attention  to  the  absence  of 
proper  provisions  in  regard  to  the  counting  of  the  electoral 
votes,  and  the  possibility  of  danger  by  reason  of  this  defect.  At 
the  present  time,  there  is  no  provision  whatever  beyond  the  un- 
certain language  of  the  Twelfth  Amendment  to  the  Constitution  ; 
at  the  count  in  1873,  there  was  nothing  but  that  Amendment  and 
the  Twenty-second  Joint  Rule.  Before  I  end  this  chapter,  you 
will  understand  how  that  rule  came  to  be  abandoned. 

The  main  provision  of  the  Twenty-second  Joint  Rule  was  to 
this  effect — that  the  Senate  and  House  should  assemble  in 
Joint  Convention  and  count  the  electoral  votes,  but  that  no 
votes  should  be  counted  unless  both  bodies  agreed  to  the 
countinfT  of  the  same. 


2/0  AMONG   THE  LAW-MAKERS. 

To  Senator  Morton  and  other  Republican  statesmen,  this 
provision  seemed  to  be  a  magazine,  imperilling  the  safety  of  the 
Republic.  This  was  the  way  they  looked  at  the  matter  :  Sup- 
pose the  Republican  candidate  for  President  should  receive  a 
majority  of  the  electoral  votes  in  1 876.  At  the  Joint  Convention 
in  the  following  February,  a  Democratic  House  could,  under  the 
operation  of  the  rule,  prevent  a  single  vote  from  being  counted 
simply  by  raising  objections,  ridiculous  or  otherwise.  Then 
what  would  follow  ?  The  choice  of  President  would,  under  the 
terms  of  the  Twelfth  Amendment,  be  thrown  into  the  House 
of  Representatives,  and  the  Democratic  party  would  thus  be 
able  to  elect  its  candidate,  notwithstanding  the  decision  of  the 
Electoral  College  in  favor  of  the  Republican  nominee. 

That  these  fears  were  not  unfounded  was  shown  by  the  con- 
duct of  the  Democratic  House  at  the  session  of  1876;  that 
they  came  very  near  to  realization  was  shown  at  the  following 
session.  Senator  Morton  forcibly  presented  his  views  upon 
this  subject,  and  succeeded  in  getting  through  the  Senate  a 
bill  to  regulate  the  proceedings  of  the  electoral  count — and  that 
was  an  end  of  it.  Had  the  House  passed  the  bill,  or  offered  to 
the  Senate  a  satisfactory  substitute,  the  country  would  have 
been  spared  the  humiliation  that  ensued.* 

In  the  House  the  majority  were  displaying  their  energies  in 

"The  Tilden-Hayes  controversy,  arising  from  the  election  of  1876,  is  too  recent  for 
discussion.  So  intense  was  the  excitement  and  so  great  the  danger,  that  Congress 
created  a  temporary  tribunal,  styled  the  "  Electoral  Commission,"  composed  of  five 
Senators,  five  Representatives,  and  five  Justices  of  the  Supreme  Court,  to  decide  upon 
objections  raised  in  the  Joint  Convention,  thus  putting  it  beyond  the  power  of  the 
House  to  prevent  the  counting  of  the  votes.  Whether  Congress  acted  within  its  con- 
stitutional authority,  in  creating  that  tribunal,  is  an  open  question  ;  whether  that  tribunal 
acted  dispassionately,  in  its  "  eight-to-seven  "  decisions,  is  also  matter  of  doubt.  What- 
ever might  have  been  expected  of  the  Commissioners  selected  from  the  House  and 
Senate  ;  a  suspicion  that  the  Justices  did  not  rise  superior  to  partisan  considerations 
shook  public  confidence  in  the  stern  probity  and  impartiality  of  the  Supreme  Court ; 
and  this,  by  people  outside  of  party  lines,  is  justly  regarded  as  the  most  deplorable 
consequence  of  the  affair. 


ODDS  AND   ENDS.  27 1 

more  ways  than  one.  They  were  going  for  the  Republican 
party  with  a  vengeance — it  was  the  first  chance  they  had  had  for 
many  a  year.  They  were  investigating  Repubhcan  adminis- 
tration, imprisoning  a  private  citizen  for  contempt,  impeaching 
a  Cabinet  officer  for  something  else — and  above  all  these  things, 
there  loomed  up  before  them  the  awful  spectre  of  a  Third  Term. 
I  am  almost  tempted  to  compare  that  House  to  the  "  mad  Par- 
liament of  Oxford,"  of  which  we  read  in  English  history.  The 
Representatives  flooded  the  House  with  joint  resolutions  pro- 
posing amendments  to  the  Constitution.  Some  suggested  that 
the  office  of  President  should  be  limited  to  six  years  and  to 
one  term  only,  and  that  the  Presidents  and  Vice-Presidents 
should  be  made  Senators  for  life.  Others  wished  to  limit  the 
terms  o^ all  civil  officers  \.o  four  years.  Nothing  was  ever  done, 
however,  with  the  numerous  joint  resolutions  so  offered  ;  but 
the  House  did  adopt  a  resolution  declaratory  of  its  sentiments 
on  the  subject  of  a  third  term.     Here  it  is  : 

Resolved,  That,  in  the  opinion  of  this  House,  the  precedent  established 
by  Washington  and  other  Presidents  of  the  United  States,  in  retiring  from 
the  Presidential  office  after  their  second  term,  has  become,  by  universal 
concurrence,  a  part  of  our  republican  system  of  government,  and  that 
any  departure  from  this  time-honored  custom  would  be  unwise,  unpatri- 
otic, and  fraught  with  peril  to  our  free  institutions. 

This  was  adopted  by  a  vote  of  233  yeas  to  18  nays  (38  not 
voting)  ;  so  it  seems  that  the  Representatives,  Republicans  as 
well  as  Democrats,  were  almost  unanimously  of  opinion  that 
President  Grant  ought  not  to  stand  upon  the  order  of  his  going, 
but  should  "  go  at  once." 

The  House  also  considered  various  resolutions  in  regard  to 
the  nationality  and  indissolubility  of  the  Union  and  in  regard  to 
the  Rights  of  States.  One  of  these  was  finally  adopted  by  a 
vote  of  150  to  42  (97  not  voting),  and,  as  I    find  the  names  of 


272  AMONG    THE  LAIV-MAKERS. 

both  Democrats  and  Republicans  in  the  hst  of  those  who  be- 
lieved in  the  sentiments  expressed,  it  may  be  put  down  as  an 
amicable  interpretation  of  the  Constitution  : 

Resolved,  That  the  people  of  the  United  States  constitute  a  nation  in 
the  sense,  to  the  extent,  and  for  the  purpose  defined  in  the  Federal  Con- 
stitution. 

Resolved,  That  the  Government  of  the  United  States  is  a  Federal 
Union,  and  Avas  formed  by  the  people  of  the  several  States  in  their 
sovereign  capacity ;  that  the  rights  and  powers  of  the  United  States 
Government  are  defined  and  limited  by  the  Federal  Constitution,  and 
these  rights  and  powers  cannot  be  enlarged  or  diminished  except  by  an 
amendment  to  the  Constitution. 

Resolved,  That  the  rights  of  the  States  have  the  same  sanction  and  se- 
curity in  the  Constitution  as  the  rights  and  powers  of  the  Federal  Govern- 
ment, and  that  local  domestic  government  by  the  several  States  within 
the  limits  of  the  Constitution  is  absolutely  necessary  for  the  preservation  of 
the  liberties  of  the  citizen  and  the  continuance  of  our  republican  system 
of  Government. 

Resolved,  That  the  doctrine  that  a  State  has  a  right  to  secede  from  the 
Union  is  in  conflict  with  the  idea  of  a  "perpetual  union"  as  contem- 
plated by  the  Constitution,  and  should  be  regarded  as  being  forever  ex- 
tinguished by  the  results  of  the  recent  civil  conflict. 

That  is  what  I  should  call  a"  Congressional  platitude."  You 
may  take  it  for  what  it  is  worth.  So  far  as  its  legal  efTect  is 
concerned  it  has  none.  The  House  could  not,  by  an  "  opin- 
ion," add  to  or  subtract  from  any  feature  of  the  Constitution, 
and  its  interpretation  of  the  meaning  of  that  instrument  is  bind- 
ing upon  no  one.  The  Federal  Judiciary  is  the  only  power 
known  to  our  Government  which  can  give  an  authoritative 
opinion  on  such  a  subject.  My  own  notion  is  that  the  resolu- 
tion states  the  truth,  but  I  do  not  quite  understand  why  that 
particular  House  felt  called  upon  to  tell  the  American  people 
what  it  thought  of  the  majesty  and  power  of  their  Republic.  It 
had  a  right  to  do  so,  of  course. 


ODDS  AND  ENDS.  273 

Then  the  Representatives  also  adopted  a  rcsohition  which 
said  that,  in  their  opinion,  no  "  subsidies  "  should  be  granted  by 
the  Government  to  public  or  private  enterprises  ;  and  that,  on 
account  of  the  condition  of  finances  at  that  time,  all  appropri- 
ations should  be  limited  to  the  hnperative  demands  of  tlie public 
service.  You  will  thus  observe  that,  if  the  Forty-fourth  House 
did  not  do  much  in  the  way  of  legislation,  it  at  least  knew  what 
it  ought  not  to  do.  These  various  resolutions  all  "  tested  the 
sense  of  the  House." 

13ut  the  quaintest  thing  the  Representatives  did  was  to  pass 
a  resolution  requesting  President  Grant  to  inform  them  how 
many  da}-s,  during  his  two  terms  of  office,  he  had  been  away 
from  the  seat  of  Government,  and  what  official  acts  he  had 
done  when  so  absent.  It  is  a  well-known  fact  that  during  the 
sultry  days  of  summer,  many  people  who  can  afford  the  luxury 
go  to  the  mountains  or  to  the  seaside  in  search  of  comfort ;  and, 
when  Congress  is  not  in  session,  Representatives  and  Senators 
generally  go  along  with  the  throng,  to  say  nothing  of  the 
judges  and  other  officers  of  Government.  And  so.  General 
Grant,  believing  that  he  was  not  debarred  from  enjoyment  of 
ocean  breezes  simply  because  he  was  a  President,  decided  that 
he  would  not  remain  cooped  up  in  Washington.  It  was  his 
wont  to  go  to  Long  Branch  every  summer,  and  these  absences 
were  what  the  Democratic  House  called  in  question. 

When  President  Grant  received  that  resolution,  I  think  he 
must  have  enjoyed  its  wit.  He  answered  it,  however.  I  Ic  told 
the  Representatives  that  it  was  none  of  their  business  !  That, 
in  substance,  was  what  he  said  ;  but  he  really  did  give  them 
some  information — some  law  as  well  as  facts.  He  told  them 
that  he  was  willing  to  advise  them  of  anything  necessary  for 
them  to  know  in  the  performance  of  their  duties  as  Congressmen. 
Their  duties,  however,  could  only  be  either  A;^^/.fA?//<'//  ox  inipeacli- 
nieiit.      But,  reasoned  the  President,  the  authorit\'  of  the  Chief 


274  AMONG    THE  LAW-MAKERS. 

Magistrate  is  co-extensive  with  the  United  States,  and  he  surely 
has  the  right  to  perform  his  duties  wherever  he  may  be  within 
the  national  domain,  and,  having  that  right,  under  the  Constitu- 
tion Congress  cannot  limit  its  exercise  by  legislation.  There- 
fore, the  information  was  not  necessary  in  that  respect.  And 
if  it  was  the  object  of  the  House  to  get  the  information  in  or- 
der to  iinpcacJi  him,  then  the  request  was  improper,  because  no 
one,  under  the  law,  can  be  required  to  testify  against  himself. 
"  Therefore,"  said  the  President,  in  effect,  "  I'll  not  tell  you  ; 
and  if  you  make  any  law  imposing  restrictions  upon  my  move- 
ments or  the  exercise  of  my  executive  prerogatives,  I  will  not 
obey  them — I  will  recognize  the  higher  authority  of  the  Con- 
stitution."    That  is  what  he  told  them,  up  and  down  ! 

Yet,  in  order  to  give  them  some  reward  for  their  anxiety,  he 
volunteered  the  information  that  during  all  his  administration, 
wherever  he  may  have  been,  the  interests  of  the  Government  had 
never  been  neglected  and  that  he  had  at  all  times  faithfully  per- 
formed the  duties  of  his  ofifice  in  accordance  with  his  oath.  He 
informed  them  that  it  had  been  the  custom  of  every  one  of  his 
predecessors  from  Washington  to  Lincoln  (except  Harrison, 
who  lived  but  one  month  after  his  inauguration)  to  absent  him- 
self from  the  seat  of  Government  ;  and  then  he  gave  them  a 
memorandum  showing  the  number  of  days  his  predecessors 
had  been  away,  and  reciting  some  of  the  important  ofificial  acts 
performed  by  them  during  such  absences.  And  the  funniest  thing 
about  it  all  was,  the  memorandum  disclosed  the  fact  that  Thomas 
Jefferson,  Avhose  memory  the  Democratic  Representatives  abso- 
lutely adored,  had,  during  his  two  terms,  been  absent  from  the 
seat  of  Government  more  than  any  other  President  on  the  list ! 

This  incident  combines  instruction  and  amusement.  The 
Representatives,  amid  a  great  beating  of  tin-pans,  had  as- 
saulted the  President  with  a  resohition  ;  he  retaliated  and  com- 
pletely disconcerted  them  by  a  simple  memorandnm. 


ODDS  AND   EiYDS.  27 S 

But  the  Democratic  House  was  not  the  only  body  he  hit 
that  year.  The  Senate  passed  a  bill  reducing  tlie  salary  of  the 
President  to  $25,000 — to  take  effect,  of  course,  at  the  beginning 
of  the  next  Administration.*  The  House  concurred  in  the  action 
of  the  Senate,  and  the  bill  went  to  the  President  for  his  approval. 
But  he  promptly  returned  it  to  the  Senate,  with  the  remark  that, 
"  from  a  sense  of  duty  to  his  successors  in  office,  to  himself, 
and  to  what  is  due  to  the  dignit)-  of  the  position  of  the  Chief 
Magistrate  of  a  nation  of  more  than  40,000,000  people,"  he 
could  not  give  it  his  signature  and  sanction.  Thus,  while  the 
President  struck  the  Democratic  House  with  a  memorandum, 
he  hurled  at  his  own  friends,  a  Republican  Senate,  his  mightiest 
weapon    of  defense — a  veto  ! 

I  shall  never  forget  the  House  of  1876.  It  was  an  investigat- 
ing and  imprisoning  House  ;  and  as  it  was  on  the  search  for 
extravagance  in  public  office,  it  thought  it  ought  to  make  a 
show  of  economy  itself.  So  it  made  the  "show."  This  item 
of  "  consistency  "  is  about  the  only  thing  I  can  record  in  its 
favor.     I  have  a  little  anecdote  at  hand. 

When  the  summer  days  came  on,  the  Senators,  as  usual, 
had  their  fans  and  their  huge  tubs  of  lemonade  and  their  large 
coolers  of  iced-tea,  to  mitigate  the  force  of  the  weather.  Some 
of  the  members  of  the  House  endeavored  to  have  similar  refresh- 
ments  ordered   out  of  its   "  contingent  fund,"  but  the  Chair- 

"The  Constitution  (Article  II.,  Sec.  I.,  cl.  6)  provides  that  "  The  President  shall, 
at  stated  times,  receive  for  his  services,  a  compensation,  which  shall  neither  be  en- 
creased  nor  diminished  during  the  period  for  which  he  shall  have  been  elected." 
The  "  salary-grab  "  act,  which  increased  the  compensation  of  the  President  from  $25.- 
000  to  $50,000,  was  passed  on  the  3d  of  March,  1873,  one  day  before  the  second  term 
of  President  Grant  began.  The  proposed  reduction  to  $25,000,  could  not,  therefore, 
take  effect  before  the  4th  of  March,  1877.  The  Constitution  {.Article  III.,  Sec.  I.)  also 
provides  that  the  compensation  of  the  Federal  Judges  shall  not  be  diminished  during 
their  continuance  in  office.  Hence  the  repeal  ot  the  salary-grab  law  could  not  have 
affected  the  salaries  of  the  Chief  Justice  and  Associate  Justices  of  the  Supreme  Court, 
even  had  Congress  not  expressly  noted  this  exception  in  the  act  of  repeal. 


2/6  AMONG   THE  LAW-MAKERS. 

man  of  their  Committee  on  Accounts  would  not  consent. 
The  result  was,  that  the  thirsty  and  broiling  Representatives 
came  over  to  the  Senate  ;  and,  as  they  were  deserving  objects 
of  compassion,  the  Senators  generously  allowed  them  to  help 
themselves.  I  really  think  that  on  a  hot  afternoon  a  quorum 
of  the  House  would  saunter  into  the  Chamber  within  an  hour. 
At  any  rate,  nearly  all  came  at  one  time  or  another,  and  came 
very  frequently  too — all,  of  course,  except  those  who  were 
opposed  to  such  "  extravagance." 

One  afternoon,  a  Senate-page  passed  through  our  western 
cloak-room,  and,  seeing  something,  quickly  ran  out  into  the 
Chamber  and  began  whispering  to  Senators.  A  few  minutes, 
and  quite  a  crowd  of  us — Senators,  officers,  and  pages — were 
gathered  about  the  cloak-room  door  enjoying  the  spectacle 
within.  And  our  curiosity  was  permissible,  for  there,  standing 
over  one  of  the  tubs,  with  his  back  to  the  door  and  utterly  un- 
conscious of  our  gaze — there,  drinking  with  famished  haste  our 
precious  and  extravagant  lemonade,  was — the  Honorable  and 
Economical  Chairman  of  House  Accounts  ! 

The  neatest  thing  done  that  year  was  done  by  the  Repub- 
lican Senate — its  victim  was  the  Democratic  House. 

In  the  year  1875  one  of  the  joint  rules  of  the  Senate  and 
House  (No.  16)  provided  that  no  bill  passed  by  one  body 
should  be  sent  for  concurrence  to  the  other  on  either  of  the 
last  three  days  of  the  session  ;  and  another  (No.  17)  provided 
that  no  bill  or  resolution  should  be  sent  to  the  President,  for 
his  approbation,  on  the  last  day  of  the  session.  These  two 
rules  (designed  to  prevent  the  Houses  of  Congress  and  the 
President  from  being  embarrassed  by  a  crush  of  work  in  the 
closing  hours  of  a  session)  were  excellent — it  would  have  been 
wise,  therefore,  to  enforce  them  ;  as  a  matter  of  fact  they  were 
suspended  by  concurrent  resolution  regularly  perhaps  every 
year.     The  evil  still  exists. 


OJn)S  Ai\D   ENDS.  277 

The  most  important  Joint  Rule  was  the  one  in  regard  to 
counting  the  electoral  votes,  and  known  as  the  Twenty-second. 
Now,  when  the  Senate  met  in  December,  1875,  it  did  so  with 
the  intention  of  passing  a  law  in  regard  to  the  electoral  count  ; 
hence,  as  before  noted,  it  did  not  care  for  the  Twenty- 
second  Joint  Rule.  It  did,  however,  think  the  other  rules  of 
value,  in  the  transaction  of  business  between  the  two  bodies, 
and  as  it  was  the  beginning  of  a  new  and  anti- Republican 
House,  and  there  being  a  doubt  whether  the  Joint  Rules  in 
force  during  the  Forty-third  Congress  were  binding  upon  the 
Forty-fourth  unless  expressly  adopted,  the  Senate,  on  the  20th 
of  January,  1876,  sent  to  the  House  the  following  resolution  : 

Resolved  by  the  Senate  {the  House  of  Representatives  concurring). 
That  the  joint  rules  of  the  Senate  and  House  of  Representatives,  in  force 
at  the  close  of  the  last  session  of  Congress,  excepting  the  twenty-second 
joint  rule,  be,  and  the  same  are  hereby,  adopted  as  the  joint  rules  of  the 
two  houses  for  the  present  session. 

The  House  took  no  action  whatever  in  the  matter,  for  it  was 
just  as  eager  to  retain  the  Twenty-second  Joint  Rule  as  was  the 
Senate  to  discard  it.  On  the  14th  of  August,  however,  the 
House  sent  over  to  the  Senate  its  usual  resolution,  providing 
for  the  suspension  of  the  Sixteenth  and  Seventeenth  Joint 
Rules.  The  Senate  saw  its  opportunity.  It  knew  that  the 
House  did  not  intend  to  pass  Senator  Morton's  bill  or  propose 
any  other  arrangement  about  the  counting  of  the  electoral 
votes.  The  Republican  Senators  did  not  intend  that  the  House 
should  have  the  advantage  which  the  old  rule  gave  to  them. 
Accordingly,  within  a  few  minutes  after  the  House  resolution 
was  received.  Senator  Edmunds  arose  and,  in  his  quiet  way, 
said  to  Senator  Sargent,  who  had  the  floor  :  "  May  I  ask  the 
Senator  from  California  to  allow  to  be  taken  up,  as  a  matter  of 
courtesy  to  the  House,  a  resolution  the    House  has  sent  here 


278  AMONG    THE  LAW-MAKERS. 

suspending,  as  they  supposed,  the    sixteenth    and  seventeenth 
joint  rules  ?  " 

Senator  Sargent  said  he  would  give  way  if  the  matter  would 
not  lead  to  discussion.     Senator   Edmunds  assured  him  that 
'  there  would   be   no  debate.     There    was    none.     Senator  Ed- 
munds offered,   and  the  Senate  without  hesitation  passed,  the 
following  resolution  : 

Resolved,  That  the  rcsohition  of  the  House  of  Representatives  presented 
this  day  in  the  following  words  :  ^'  Resolved  by  the  House  of  Representatives 
{the  Senate  concurring).  That  the  sixteenth  and  seventeenth  joint  rules  be 
suspended  for  the  remainder  of  the  session,"  be  respectfully  returned  to  the 
House  of  Representatives,  with  the  siateme7it,  that,  as  the  House  of  Rep- 
resentatives has  not  notified  the  Senate  of  the  adoption  of  the  joint  rules 
for  this  present  session,  as  proposed  by  the  resolution  of  the  Senate  of  the 
twentieth  day  of  January  last,  and  transmitted  to  the  House  on  the  twenty- 
second  day  of  the  same  month,  there  are  tio  Joint  rules  in  force. 

Which  courteously  and  effectually  disposed  of  the  whole 
question  ! 

Thus  it  was  that  the  Twenty-second  Joint  Rule  fell  to  the 
ground.  I  did  not  wait  to  see  the  Electoral  Commission  take  its 
place.  This  little  affair  with  the  House  was  one  of  the  last  sub- 
jects that  came  under  my  observation  as  a  page.  For  on  the 
very  next  day,  to  wit,  on  Tuesday,  the  15th  of  August,  1876, 
at  half-past  seven  o'clock  in  the  evening  thereof,  the  Senate  and 
House  of  Representatives  adjourned  sine  die  ;  and  with  the 
close  of  that  first  regular  session  of  the  Forty-fourth  Congress 
my  career  in  the  legislative  councils  of  my  country  came  to 
an  end. 


CHAPTER    XXXII. 

ANTAGONISMS. 

The  Senate  has  always  been  rather  aristocratic  and  pompous 
in  its  bearing  and  a  stickler  about  forms  of  etiquette.  The 
House,  on  the  other  hand,  has  always  been  eminently  demo- 
cratic and  belligerent.  These  characteristics  were  shown  at  the 
very  beginning  of  the  Government  in  the  contest  over  so  sim- 
ple a  matter  as  the  style  of  address  to  the  President  ;  they  are 
as  noticeable  now  as  they  were  then.  The  Senate  stalks  with 
stately  strides,  in  polished,  high-heeled  boots,  a  boutonnicrc  in 
its  swallow-tailed  coat,  its  ambrosial  locks  carefully  smoothed, 
and  with  a  peculiar  hauteur  of  tone  and  deportment.  The  House 
is  anything  but  frigid.  It  cares  nothing  for  the  conventional- 
ities of  drawing-room  society.  It  shambles  about  with  mud  on  its 
rustic  shoes,  its  hair  unkempt,  its  voice  now  jovial,  now  quarrel- 
some, but  uniformly  loud  and  boisterous  ;  and  thus,  in  its  general 
appearance  and  demeanor,  it  reflects  the  matter-of-fact  and  pug- 
nacious, yet  withal  sterling  and  good-natured,  qualities  of  the 
masses.     (Of  course,  this  is  to  be  taken  in  a  Pickwickian  sense.) 

This  was  just  what  the  framers  of  the  Constitution  foresaw  ; 
and  in  committing  the  law-making  power  of  the  Government 
to  separate  bodies,  possessing  opposite  characteristics — the  one 
peculiarly  hot-tempered  and  impulsive,  the  other  peculiarly  de- 
liberate and  grave — they  were  guided  by  the  lessons  of  history 
and  wisdom.  Large  bodies  of  men  are  very  apt  to  act  upon 
the  passion  of  the  moment ;  small  bodies  are  apt  to  be  more 
reflective  and    sedate.     The  tendency  of  the  House  of  Rcpre- 


2 So  AMOAG    THE   LAIV-MAKERS. 

sentatives  toward  hasty  and  emotional  legislation  is  counter- 
acted by  the  conservative  influence  of  the  Senate.  The  entire 
House  comes  directly  from  the  people  every  two  years  ;  the 
members  may  be  young  and  inexperienced  ;  they  may  be 
chosen  under  intense  popular  excitement  ;  they  may  enter 
upon  their  duties  with  a  political  frenzy  due  to  that  excite- 
ment ;  and  under  that  frenzy  and  in  an  unguarded  moment  they 
might,  by  a  rash  and  thoughtless  act,  inflict  upon  the  nation 
disaster  and  disgrace  which  no  amount  of  remorse  or  penance 
afterward  could  undo.  As  a  check  upon  such  a  body,  the  Con- 
stitution provided  for  the  Senate,  to  be  composed  of  older  and 
wiser  men  ;  their  elections  removed  from  the  influences  to  which 
the  elections  of  Representatives  are  liable  ;  their  terms  of  ser- 
vice longer,  and  so  arranged  that  no  tidal  wave  of  popular  preju- 
dice and  fury  could,  at  a  given  time,  subvert  the  controlling 
qualities  of  the  assembly  by  sweeping  into  it  a  majority  of  raw 
recruits  or  political  fanatics  entirely  in  unison  with  the  Lower 
House.* 

*  These  considerations  are  admirably  stated  by  Chancellor  Kent :  "  The  division  of 
the  legislature  into  two  separate  and  independent  branches  is  founded  on  such  obvious 
principles  of  good  policy,  and  is  so  strongly  recommended  by  the  unequivocal  language 
of  experience,  that  it  has  obtained  the  general  approbation  of  the  people  of  this  country. 
One  great  object  of  this  separation  of  the  legislature  into  two  houses,  acting  separately 
and  with  co-ordinate  powers,  is  to  destroy  the  evil  effects  of  sudden  and  strong  excite- 
ment, and  of  precipitate  measures,  springing  from  passion,  caprice,  prejudice,  personal 
influence,  and  party  intrigue,  which  have  been  found,  by  sad  experience,  to  exercise  a 
potent  and  dangerous  sway  in  single  assemblies.  A  hasty  decision  is  not  so  likely  to 
proceed  to  the  solemnities  of  a  law,  when  it  is  to  be  arrested  in  its  course,  and  made  to 
undergo  the  deliberation  and  probably  the  jealous  and  critical  revision  of  another  and  a 
rival  body  of  men,  sitting  in  a  different  place,  and  under  better  advantages  to  avoid  the 
prepossessions  and  correct  the  errors  of  the  other  branch.  .  .  .  The  small  number 
and  long  duration  of  the  Senate  were  intended  to  render  them  a  safeguard  against  the 
influence  of  those  paroxysms  of  heat  and  passion,  which  prevail  occasionally  in  the 
most  enlightened  communities,  and  enter  into  the  deliberations  of  popular  assemblies. 

.  .  The  charactcristical  qualities  of  the  Senate,  in  the  intendment  of  the  Constitu- 
tion, are  wisdom  and  stability.  The  legal  presumption  is,  that  the  Senate  will  entertain 
more  enlightened  views  of  public  policy,  will  feel  a  higher  and  juster  sense  of  national 
character,  and  a  greater  regard  for  stability  in  the  administration  of  the  government." 


ANTA  G  ON  ISMS.  28 1 

It  is  essential  to  a  proper  appreciation  of  the  excellence  of 
Congress  as  an  institution,  that  this  constitutional  separation  of 
the  law-making  department  into  independent  bodies,  witii  the 
privileges  of  each  carefully  defined,  should  be  thoroughly  un- 
derstood. That  you  should  the  better  realize  the  difference  be- 
tween the  nature  of  the  two  bodies,  I  have  dwelt,  with  some 
freedom  and  emphasis,  upon  disorderly  proceedings  of  frequent 
occurrence  in  the  Lower  House  and  almost  unknown  to  the  Up- 
per. That  those  occurrences,  at  times,  descend  far  below  the 
level  of  propriety  I  have  not  deemed  it  necessary  to  conceal. 

The  House  of  Representatives  is  the  only  institution  of  our 
Government  which  is  in  entire  keeping  with  the  spirit  of  a  true 
Republic.  Unlike  the  Senate,  unlike  the  Executive,  unlike  the 
Federal  Judiciary,  the  House  comes  directly  from  the  people 
of  the  whole  country,  upon  terms  of  perfect  equality,  without 
the  intervention  of  legislatures,  electoral  colleges,  or  other  ap- 
pointing-agencies.  And  yet,  apart  from  the  power  of  the  States 
in  the  Senate  and  in  the  choice  of  President  and,  consequently 
(through  the  medium  of  the  President  and  Senate),  in  the  selec- 
tion of  the  Judiciary,  ours  is  a  representative  and  popular  Gov- 
ernment— a  Government  which  recognizes  the  rights  of  all  classes 
of  citizens,  the  poor  as  well  as  the  rich,  the  unlearned  as  well  as 
the  learned,  the  rough  and  uncouth  as  well  as  the  polished  and 
refined;  and  if  ignorance  is  displayed  in  our  legislative  halls, 
whether  in  the  House  or  in  the  Senate,  it  is  because  an  igno- 
rant or  thoughtless  constituency  has  exercised  its  right  of  rep- 
resentation. If,  therefore,  you  at  any  time  hear  of  a  Represent- 
ative or  Senator  who  apparently  forgets,  for  a  moment,  the 
dignity  that  is  expected  of  him  as  an  American  law-maker,  you 
should  blame  the  particular  constituency  that  elected  him,  and 
not  condemn  the  intelligence  of  the  general  public  or  the  great 
principles  of  our  Government  which  render  such  a  legislator 
possible. 


282  AMONG    THE  LAJV-MAKERS. 

In  so  large  a  collection  of  men  as  the  House  of  Representa- 
tives, it  is  almost  inevitable  that  there  will  be  some  members 
who  are  of  an  indiscreet  or  rash  temperament.  Scenes  of  dis- 
order and  confusion  like  those  I  have  described  are  found  in  all 
popular  assemblies  throughout  the  civilized  world  ;  and  in  this 
respect  the  House  of  Representatives  compares  favorably  with 
the  Chamber  of  Deputies  of  France,  and  the  House  of  Com- 
mons of  Great  Britain.  And  I  may  also  add,  that  the  House 
of  Representatives  of  to-day  is,  in  proportion  to  its  size,  more 
decorous  than  its  predecessors.  Its  largely  increased  member- 
ship has  destroyed,  perhaps,  some  of  its  efficiency,  and  it  may 
become  necessary  to  place  another  constitutional  limit  upon 
the  ratio  of  representation  or  upon  its  numbers  ;  but  in  its 
worst  moments  I  have  never  known  it  to  approach  a  scene  in 
the  House  of  1798,  when  two,  out  of  the  one  hundred  and  five 
members,  fought  in  open  session  with  tongs  and  hickory  club, 
or  to  another  scene  late  in  the  present  century  when  half  a  dozen 
Representatives  rolled  over  and  over  in  the  area  of  freedom,  in 
a  rough-and-tumble  fight,  while  spittoons  and  other  missiles 
were  thrown  by  their  admiring  friends  ! 

It  is  also  but  fair  to  the  Representatives  to  state  that  there 
have  been  some  episodes  in  the  Upper  House  that  were  by  no 
means  pardonable.  The  indignities  to  which  Charles  Sumner 
was  subjected  are  matters  of  history  ;  the  student  of  Congres- 
sional affairs  will  readily  think  of  other  instances.  But  stormy 
scenes  in  the  Senate  are  nowadays  matters  chiefly  of  tradition. 

While  I  have  heard  many  eloquent  and  stirring  debates  in 
the  Senate,  downright  violations  of  propriety  were  few  in  num- 
ber. The  Senators  were  very  courteous  in  their  remarks  to  one 
another.  They  sought  to  avoid  anything  in  their  own  deport- 
ment likely  to  create  disorder,  and  they  also  would  not  tolerate 
any  acts  of  outsiders  calculated  to  compromise  the  decorum  and 
dignity  of  the  body.     I  have  seen  the  galleries  cleared  and  all 


/  .J'l? 


The  Old  Clock  in  the  Corridor,   near  the  Entrance  to  the  Senate. 


A  NT  AG  ON  ISMS.  283 

the  people  ejected,  simply  because  some  of  the  audience  had 
applauded  too  boisterously  the  remarks  of  a  Senator.  The 
pages  regarded  themselves  as  privileged  characters,  yet  there 
was  a  bound  to  the  indulgence  of  the  Senate  which  even  their 
genius  could  not  with  safety  transcend. 

There  was  one  great  influence  that  prevented  the  Senators 
from  engaging  in  frenzied  tumults — their  reverential  regard  for 
the  traditions  of  the  body — traditions  which  have  been  handed 
down  to  them  with  their  historic  Bible,  their  ivory  gavel,  and 
the  venerable  old  clock  which  stands,  a  veteran  of  the  past,  at 
the  portals  of  the  Senate.  There  are  many  unwritten  rules  of 
senatorial  etiquette,  the  observance  of  which  tends  to  preserve 
the  peculiar  exclusiveness  of  that  body  ;  and  those  rules  were 
guarded  by  the  Senators  with  great  care.  Of  late  years  there 
have  been  occasional  invasions  of  this  exclusiveness,  yet  not  to 
any  appreciable  extent.  The  barriers  of  secret  sessions  still  re- 
main, and  ''senatorial  courtes)' "  has  still  its  man}' worshippers. 

The  privileges  conferred  by  the  Constitution  upon  both 
Houses  of  Congress  were  designed  to  secure  their  independence 
as  separate  bodies,  in  the  management  of  the  business  com- 
mitted to  them  respectively,  and  to  ensure  their  joint  efficiency 
as  one  of  the  three  great  departments  of  the  Government. 

The  House  of  Representatives  is  given  the  exclusive  right 
to  choose  its  Speaker  and  other  officers  ;  the  Senate  is  given 
the  exclusive  right  to  choose  its  officers  and  a  President  pro 
te^npore,  to  act  in  the  absence  of  the  Vice-President,  who  is,  ex 
officio,'"  its  presiding  officer.  To  decide  upon  the  elections,  re- 
turns, and  qualifications  of  its  members  ;  to  make  rules  for  its 
own  governance  ;  to  compel  the  attendance  of  absent  members  ; 
and  to  preserve  decorum  even  to  the  extremity  of  expulsion 
of  a  member, — these  are  all  privileges  and  powers  belonging  to 
each  House  to  be  exercised  without  interference  on  the  part  of 

*  "  By  virtue  of  his  ofiice." 


284  AMONG    THE  LAW-MAKERS. 

the  other.  So  also  is  the  duty  to  keep  a  journal  of  its  proceed- 
ings, which  carries  with  it  the  right  to  regulate  and  correct  it  at 
any  time  if  deemed  erroneous.  The  Senate  performs  this  duty 
thoroughly;  it  keeps  four  journals — one  for  its  legislative  pro- 
ceedings, another  for  its  executive  proceedings,  a  third  for  con- 
fidential legislative  proceedings,  and  a  fourth  for  its  proceed- 
ings when  sitting  as  a  Court  of  Impeachment. 

Another  important  privilege,  enjoyed  by  Senators  and  Rep- 
resentatives alike,  is  one  indispensable  to  the  usefulness  of  Con- 
gress as  a  whole, — the  provision  that"  in  all  cases,  except  trea- 
son, felony,  and  breach  of  the  peace,"  they  shall  "be  privileged 
from  arrest  during  their  attendance  at  the  session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from  the  same  ;  " 
and  that,  "  for  any  speech  or  debate  in  either  House,  they  shall 
not  be  questioned  in  any  other  place."  This  exemption  from 
arrest  is  designed  to  protect  them  from  legal  proceedings, 
which  might  be  intentionally  instituted  by  malicious  persons 
for  the  purpose  of  preventing  them  from  performing  their  duties 
as  law-makers.  A  civil  suit  which  does  not  restrain  the  per- 
sonal liberty  of  a  Congressman — as  an  ordinary  action  to  re- 
cover money  due  by  him — is  not  in  conflict  with  this  constitu- 
tional provision. 

To  further  secure  the  impartial  and  faithful  performance  of 
their  duties,  there  is,  in  this  connection,  a  disqualifying  pro- 
vision of  great  consequence  :  "  No  person  holding  any  office 
under  the  United  States,  shall  be  a  member  of  either  House 
during  his  continuance  in  office,"  and  "  No  Senator  or  Repre- 
sentative shall,  during  the  time  for  which  he  was  elected,  be 
appointed  to  any  civil  office  under  the  authority  of  the  United 
States,  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  encreased  during  such  time."  The 
members  of  the  Constitutional  Convention  must  have  had  in 
view  some  future  "  salary-grabbers  "  who  might  be  inclined,  at 


ANTAGONISMS.  285 

the  close  of  their  terms,  to  establish  a  number  of  sinecure  posi- 
tions and  afterward  have  themselves  appointed  to  fill  them. 

The  power  of  impeachment  is  vested  exclusively  in  the 
House — the  power  to  try  impeachments  is  given  exclusively  to 
the  Senate,  a  body  eminent!}'  fitted,  by  reason  of  its  judicial 
cast  of  mind,  to  be  entrusted  with  that  grave  and  solemn  power. 
Another  provision  is,  that  "  All  bills  for  raising  revenue  shall 
originate  in  the  House  of  Representatives  ;  but  the  Senate  may 
propose  or  concur  with  amendments  as  on  other  bills."  The 
Representatives  being  more  closely  identified  with  the  people, 
the  reason  for  this  distinction  is  obvious  ;  it  is  the  recognition 
of  the  old  Revolutionary  war-cry  :  "  Taxation  and  representa- 
tion are  inseparable." 

Apart  from  the  constitutional  privileges  of  each  House, 
there  have  grown  up  a  number  of  courtesies  which,  by  length 
of  time,  have  come  to  be  regarded  with  about  the  same  sanctity 
and  reverence  as  constitutional  rights  ;  and  any  act  of  hostility 
is  quickly  resented  by  the  House  at  which  the  blow  is  aimed. 
If  the  Senate  desires  the  return  of  a  bill  or  of  any  other  paper 
which  has  gone  out  of  its  possession  and  to  the  House,  it  makes 
a  polite  "  request  "  that  such  bill  or  paper  be  returned.  So  also 
is  it  a  courtesy  that  the  manner  in  which  one  body  disburses  its 
own  "  contingent  fund"  shall  not  be  criticized  by  the  other, 
although  the  members  of  the  body  interested  may  do  so  as 
much  as  they  desire.  In  the  Vice-President's  room  is  an  arti- 
cle which  silently  testifies  to  this  fact— a  little  mirror  whose  pur- 
chase, long  ago,  was  denounced  by  the  Senators  as  an  act  of  the 
most  wanton  extravagance  ! 

The  same  sentiment  protects  the  officers  and  employes  of 
each  body  from  molestation  by  the  other.  Were  the  House  to 
attempt  in  a  General  Appropriation  Bill  to  reduce  the  compen- 
sation of  Senate-clerks  without  making  a  corresponding  pro- 
vision in   regard  to  its  own  force,  the   Senate  would  be  very 


286 


AMONG    THE  LAIV-MAKERS. 


likely  to  bury  the  appropriation  bill  out  of  sight,  rather  than 
acquiesce  in  such  a  measure. 

The  Senate  respects  these  courtesies  more  than  the  House. 
But  the  polite  manner  in  which  it  makes  a  request  is  no  more 
peculiar  than  the  polite  frigidity  with  which  it  acts  when  its 
polite  requests  are  treated  with  indifference. 

The  House  of  Representatives  has,  within  the  past  few  years, 
raised  a  loud  cry  over  various  alleged  attempts  on  the  part  of 
the  Senators  to  molest  it  in  the  exercise  of  its  constitutional 


The  Old  Mirror  in  the  Vice-President's  Room. 

prerogatives.  It  has  claimed  that  the  Senate,  by  ratifying  com- 
mercial treaties  with  foreign  powers,  by  the  terms  of  which 
articles  of  import  from  foreign  lands  are  permitted  to  enter  this 
country  free  of  duty,  has  interfered  with  the  general  tariff  laws 
made  by  Congress  and  thereby  infringed  upon  the  right  of  the 
House  in  regard  to  revenue  measures.  And  the  House  goes 
further  than  that.  It  contends  that  not  only  has  the  Senate  no 
power  to  make  treaties  which  practically  amount  to  revenue  leg- 
islation, but  that  it  has  no  right  to  originate  appropriation  bills. 
In  other  words,  the  House  declares  that  the  phrase  "  all  bills 
for  raising  revenue  "  is  equivalent  to  the  expression  used  in  the 


ANTAGONISMS.  287 

British  Parliament,  "money-bills,"'  and  that  it  includes  rt//?'^- 
priation  bills  for  the  disbursement  of  revenue  when  raised,  as 
well  as  tax  bills  for  the  raisijig  of  revenue.  It  is  scarcely  proper 
for  me  to  argue  either  of  these  questions.  I  advert  to  them  be- 
cause the  wrangle  may  hereafter  assume  large  proportions,  and 
any  controversy  which  involves  a  oonstitutional  principle  is  en- 
titled to,  and  should  receive,  most  careful  consideration. 

In  some  of  its  conflicts  with  the  Senate  the  House  has  as- 
sumed a  rather  dictatorial  attitude.  In  this  it  has  made  a  mis- 
take. The  Senate  is  courteous  ;  it  is  not  unreasonable  ;  it  is 
generally  willing  to  make  concessions  to  the  Lower  House 
when  good  reasons  are  shown  and  its  own  rights  are  not  in 
jeopardy  :  but  it  cannot  be  coerced. '- 

In  the  first  session  of  the  last  Congress  f  the  Senators  in- 
serted a  provision  in  an  appropriation  bill  to  pay  for  clerks, 
or  private  secretaries,  to  Senators.  The  bill  went  back  to  the 
House,  and  the  Representatives  resisted  the  amendment.  They 
declared  it  was  practically  increasing  the  salaries  of  Senators  by 
making  the  Public  Treasury  pay  for  clerical  assistance  which 
Representatives  w^ere  compelled  to  pay  for  out  of  their  own 
pockets.  They  were  more  than  vexed — the}'  were  enraged. 
But  the  composure  of  the  Senators  was  not  disturbed.  They 
said  that  they  were  worth  to  their  country  the  compensation 
they  received,  and  that  they  ought  not  to  be  obliged  to  defray 
out  of  their  salaries  expenses  of  correspondence  with  their  con- 
stituents ;  and  that  if  the  Representatives  were  afraid,  or  did  not 
care,  to  vote  private  secretaries  for  themselves  it  was  no  reason 
why  they  (the  Senators)  should  remain  without  them.  The 
Senate  was  inflexible.      Conferences  were  held  ;   day  after  day 

*  "  This,"  said  Daniel  Webster,  "  is  a  Senate,  a  Senate  of  equals,  of  men  of  indi- 
vidual honor  and  personal  character,  and  of  absolute  independence.  We  know  no 
masters,  we  acknowledge  no  dictators.  This  is  a  hall  for  mutual  consultation  and  dis- 
cussion, not  an  arena  for  the  exhibition  of  champions. "  t  1884. 


288  AMONG    THE  LAW-MAKERS. 

was  spent  in  endeavoring  to  make  the  Senators  submit  ;  the 
Representatives  said  that  they  would  adhere  to  their  position  ; 
the  Senators  softly  replied  that  they  fully  intended  to  do  the 
same,  and,  if  necessary,  would  sit  through  the  hot  months  of 
summer  and  make  the  House  succumb  or  wilt  !  It  was  very 
amusing.  Both  bodies  had  transacted  nearly  all  their  business 
for  the  session  ;  this  one  point  of  controversy — private  secre- 
taries— was  practically  the  only  thing  that  kept  them  at  the 
Capitol.  The  majority  of  the  House  were  anxious  to  adjourn  ; 
sonic  of  them  wanted  to  go  to  a  political  convention  at  Chicago, 
others  wanted  to  go  home.  But  the  Senators  filled  their  cloak- 
rooms with  iced-tea  and  lemonade,  and  brought  out  their  palm- 
leaf  fans,  and  provokingly  said  that  they  were  happy  where 
they  were  !  The  House  yielded;  and,  notwithstanding  annual 
contests  over  this  same  question,  the  Senators  have  had  their 
private  secretaries  ever  since. 

At  the  following  session, ''''  the  House  held  back  some  of 
its  large  appropriation  bills  until  within  a  few  days  of  the  ex- 
piration of  the  Congress,  and  then,  at  the  last  moment,  heaped 
them  upon  the  Senate  in  one  huge  pile.  This  was  not  cour- 
teous ;  neither  was  it  right.  In  the  short  time  left,  the  Sena- 
tors were  unable  to  give  that  careful  consideration  to  the  bills 
which  the  public  interests  required,  and  they  were  justly  in- 
dignant. 

But  I  think  they  avenged  the  slight.  The  day  on  which  that 
Congress  adjourned  was  that  of  the  last  inauguration.  The 
Representatives  were  naturally  eager  to  witness  the  proceed- 
ings in  the  Senate,  for  it  was  the  first  inauguration  of  a  Demo- 
cratic President  since  the  days  of  Buchanan  ;  but  the  Senate 
gave  itself  no  trouble  about  accommodating  them  with  seats. 
Then  the  Representatives  felt  aggrieved,  and  it  was  actually 
suggested  that,  as  a  matter  of  self-respect,  the  House  should 


I 


ANTAGONISMS.  289 

not  attend  the  inaugural  ceremonies  at  all  !     It  would  have  been 
a  novel  mode  of  retaliation. 

During  my  term  of  service  the  want  of  harmony  between 
the  Senate  and  House  was  in  many  ways  impressed  upon  me. 
The  feeling  of  superiority  which  was  manifested  by  the  Upper 
House  and  the  spirit  of  envy  that  possessed  the  Lower  were 
communicated  to  the  officers  and  employes,  causing  an  atmos- 
phere of  rivalry  to  pervade  the  entire  Capitol.  The  pages 
of  the  House  were  not  permitted  to  enter  the  Senate-chamber, 
while  the  pages  of  the  Senate  were  wont  to  roam  at  will  through- 
out the  building.  Our  rivals,  having  stood  this  discrimination 
for  some  time,  finally  obtained  the  adoption  of  some  sort  of 
order  excluding  us  from  the  Hall  unless  they  were  permitted  to 
have  access  to  the  Chamber.  But  this  order,  for  one  reason  or 
another,  failed  to  have  the  desired  effect.  We  continued  to  in- 
vade the  Hall  just  as  boldly  as  if  the  order  had  not  been  made, 
and  the  Senators  seemed  to  regard  our  triumph  as  if  it  were  a 
vindication  of  the  majesty  of  the  Senate  itself.  The  lightest 
trifles  show  the  direction  of  the  wind. 

It  is  easy  to  understand  that  the  opposite  characteristics  of 
the  two  Houses  should  have  had  a  tendency,  from  the  very  first, 
to  cause  collision.  That  conflicts  of  opinion  will  occur  is  to  be 
expected  ;  acts  of  usurpation  are  inexcusable.  And  while  it 
is  the  duty  of  each  body  to  guard  from  encroachment  and  as- 
sault its  own  prerogatives  and  independence,  a  petty  jealousy 
or  peevishness  that  seeks  opportunity  to  humiliate  the  compan- 
ion in  authority  is  unworthy  either  House. 
19 


CHAPTER   XXXIII. 

CONSTITUTIONAL   LIMITATIONS. 

Our  observations  in  regard  to  the  two  branches  of  Congress 
may  be  extended  to  other  parts  of  our  political  system. 

As  the  House  of  Representatives  has  its  peculiar  functions 
and  duties,  in  the  performance  of  which  it  should  not  be 
molested  by  the  Senate  ;  as  the  Senate  has  its  separate  pro- 
vince of  action  into  which  the  House  of  Representatives  can- 
not intrude,  so  with  the  three  branches  of  the  General  Govern- 
ment. 

To  the  Congress,  to  the  Executive,  and  to  the  Judiciary, 
certain  trusts  have  been  confided  ;  these  trusts,  and  the  powers 
of  each  department  necessary  to  their  execution,  are  defined  in 
the  Constitution  ;  and  no  department  can  offer  any  excuse  for 
transcending  its  constitutional  authority  and  intermeddling  with 
the  jurisdiction  and  prerogatives  of  the  associate  branches  of  the 
Government. 

"  The  object  of  the  Constitution,"  says  the  Supreme  Court,* 
"  was  to  establish  three  great  departments  of  government ;  the 
legislative,  the  executive,  and  the  judicial  departments.  The 
first  was  to  pass  laws,  the  second  to  approve  and  execute  them, 
and  the  third  to  expound  and  enforce  them."  In  this  sense, 
the  three  departments  are  equals  ;  hence  they  are  styled  "  the 
co-ordinate  departments  of  government."    And  as  a  department, 

*  Case  of  Martin,  Heir  at  law  and  devisee  of  Fairfax,  v.  Hunter's 
Lessee,  reported  in  i  Wheaton  Reports,  p.  304. 


CONSTITUTIONAL    LIMITA  TIONS. 


291 


like  a  person,  cannot  be  the  equ.il  of  another  if  in  the  power  of 
that  other,  each  of  the  three  departments  must  be  supreme  in 


In  the  Senate  Library. 


its  own  sphere  of  action  ;  hence  they  are  referred  to  as  "inde- 
pendent."    That  this  independence  was  contemplated  b}'  the 


292  AMONG    THE  LAW-MAKERS. 

Constitution  is  evident  from  certain  provisions.  The  law-mak- 
ing power  being  the  supreme  power  of  Government,  is,  in  its 
very  nature,  the  most  formidable  ;  and  to  remove  the  Execu- 
tive and  the  Judiciary  from  improper  influence  on  the  part  of 
Congress,  the  Constitution  commands  that  they  shall,  at  stated 
times,  receive  for  their  services  a  compensation  which,  in  the 
case  of  the  President,  "shall  neither  be  increased  nor  dimin- 
ished during  the  period  for  which  he  shall  have  been  elected," 
and,  in  the  case  of  the  Judges,  "  shall  not  be  diminished  during 
their  continuance  in  office."  And  to  defend  themselves  in  case 
of  attack,  the  Constitution  has  given  to  the  Executive  the  great 
weapon  of  a  "  qualified  negative,"  *  and  to  the  Judiciary  a  yet 
mightier  weapon — the  absolute  and  unconditional  authority  to 
set  aside  as  void  any  acts  of  Congress  not  warranted  by  the 
Constitution.  These  powers  have  been  frequently  exercised  ; 
you  will  recall  a  few  instances.  You  will  remember  how  Presi- 
dent Grant  resisted  an  assault  upon  his  prerogatives  by  refus- 
ing to  comply  with  an  impertinent  demand  made  by  the  House 
of  Representatives  ;  and  how  he  protected  the  dignity  of  his 
office  by  vetoing  the  Senate's  measure  to  reduce  the  Presiden- 
tial compensation.'!"  You  will  remember  how  the  Supreme 
Court  set  aside  as   unconstitutional  a  measure  passed  by  the 

*  That  is,  a  "  veto  power"  not  absolute,  but  which  may  be  overcome 
by  a  two-thirds  vote  of  each  House  of  Congress. 

t  And  if  familiar  with  the  events  of  the  current  year  (1886),  you  will 
remember  how,  at  the  last  session,  President  Cleveland  declined  to  submit 
to  what  he  considered  an  improper  '*  request  for  papers,"  made  by  the 
Senate  ;  and  how  he  threw  his  vetoes,  in  rapid  succession,  at  both  Houses, 
because  of  legislative  measures  objectionable  to  him — more  vetoes,  in  one 
year,  than  were  thrown  by  all  of  his  predecessors  during  ninety-six  years  ! 
The  Senate,  by  a  formal  resolution  adopted  by  a  close  vote  and  after  a  long 
debate,  maintained  the  "propriety"  of  its  request;  the  vetoes  were  de- 
nounced by  members  of  each  House  ;  the  President  was  not  seemingly 
disturbed  by  the  resolution  or  the  denunciation. 


CONSTITUTIONAL   LIMITATIONS.  293 

House  of  Representatives,  under  a  somewhat  despotic  infringe- 
ment of  the  rights  of  the  minority,  and  afterward  concurred  in 
by  the  Senate  and  the  President  ;  and  how  that  same  tribunal 
declared  illegal  the  act  of  the  House  of  Representatives  in  im- 
prisoning a  private  citizen,  and  rebuked  it  for  arrogating  to  it- 
self powers  which  the  Constitution  committed  exclusively  to 
the  courts.* 

The  same  theory  of  "  checks  and  balances  "  may  be  dis- 
cerned in  the  relations  between  the  Federal  Government  and 
the  States.  The  authority  of  the  Federal  Government  extends 
over  the  entire  national  domain,  and  is  supreme  in  affairs  of 
national  concern  ;  its  powers  are  defined  by  the  Federal  Con- 
stitution, and  with  the  exercise  of  those  powers  no  State  can 
interfere.  Tiie  Federal  Government,  however.  Can  exercise  no 
power  not  conferred  upon  it  by  the  Federal  Constitution  ;  it 
is  expressly  prohibited  from  exercising  certain  powers,  and  the 
Ninth  and  Tenth  Amendments  declare  :  "  The  enumeration  in 
the  Constitution,  of  certain  rights,  shall  not  be  construed  to 
deny  or  disparage  others  retained  by  the  people,"  and,  "The 
powers  not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people."  t 

*  While  the  Supreme  Court  absolved  from  personal  responsibility  the 
Representatives  sued  by  Mr.  Kilbourn,  it  uttered  this  vigorous  warning  for 
the  benefit  of  the  House  and  Senate  :  "  If  we  could  suppose  the  members 
of  those  bodies  so  far  to  forget  their  high  functions  and  the  noble  instru- 
ment under  which  they  act  as  to  imitate  the  Long  Parliament  in  the  exe- 
cution of  the  Chief  Magistrate  of  the  nation,  or  to  follow  the  example  of 
the  French  Assembly  in  assuming  the  function  of  a  court  for  capital  punish- 
ment, we  are  not  prepared  to  say  that  such  an  utter  perversion  of  their 
powers  to  a  criminal  purpose  would  be  screened  from  punishment  by  the 
constitutional  provision  for  freedom  of  debate." 

t  The  powers  of  Congress  are  specified  in  various  sections  of  the  Con- 
stitution, as  are  certain  express  duties  and  prohibitions.     But  see,  in  par- 


294  A.}fONG    THE  LAIV-MAKEI^S. 

If  we  follow  these  "reserved  powers"  into  the  States,  w-e 
shall  find  that  like  limitations  have  been  there  established.  The 
States  are  so  many  republics  within  a  Republic.  Each  State 
has  a  written  constitution  and  a  government  of  its  own — a  con- 
stitution made  by  the  people  of  the  State,  a  government  in 
which  all  the  people  of  the  State  are  represented.  Its  govern- 
ment, like  that  of  the  Union,  is  divided  into  three  distinct  de- 
partments ;  and  the  law-makers,  the  law-executors,  and  the 
law-interpreters,  constituting  those  departments  and  chosen  by 
the  people,  must  perform  their  duties  in  accordance  with  the 
provisions  and  requirements  of  the  constitution  of  the  State 
and  subject  to  its  prohibitions  and  limitations — and  subject  also 
to  the  prohibitions  and  limitations  of  the  Constitution  of  the 
United  States.* 

It  is  in  this  distinct  separation,  this  careful  distribution  and 
adjustment  of  the  powers  of  government  delegated  by  the  peo- 
ple to  their  agents.  Federal  and  State,  with  explicit  provisions 
for  the  preservation  of  civil  liberty  and  equal  rights,  that  we 
behold  the  beautiful  harmony  in  our  vast  political  system,  and 
the  iron-clad  and  impregnable  security  of  the  people  from  acts 
of  tyranny  and  oppression.  The  constitution  of  every  State 
keeps  in  check  the  departments  of  State  government ;  the 
Federal  Constitution   restrains  the  departments  of  the  Federal 

ticular,  Art.  I.,  Sees.  VIII.  and  IX.  For  express  prohibitions  in  regard 
to  the  States,  see,  in  particular,  Art.  I.,  Sec.  X.  ;  and  for  other  provisions, 
involving  great  principles  of  civil  liberty,  religious  freedom,  etc.,  and  ap- 
plicable to  the  Federal  Government  and  the  States,  see  the  Amendments. 
*  A  provision  of  the  Federal  Constitution  (Art.  VI.,  cl.  2),  before  cited, 
deserves  repetition  here  :  "This  Constitution,  and  the  laws  of  the  United 
States  which  shall  be  made  in  pursuance  thereof;  and  all  treaties  made, 
or  which  shall  be  made,  under  the  authority  of  the  United  States,  shall  be 
the  supreme  law  of  the  land  ;  and  the  judges  in  every  State  shall  be  bound 
thereby,  anything  in  the  constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding." 


CONSTITUTIONAL   LIMITATIONS.  295 

Government  from  interference  witli  the  rights  of  States,  and 
restrains  the  States  from  interference  with  the  affairs  of  the 
nation  and  the  sacred  rights  of  citizenship.  In  other  words, 
as  the  constitution  of  a  State  is  like  a  sun,  about  which,  as 
planets,  and  in  definite  orbits,  the  three  departments  of  State 
government  revolve  ;  so  the  Constitution  of  the  United  States 
is  like  the  central  Sun  of  the  Universe  itself,  about  which  re- 
volve not  only  the  three  great  planets  of  the  Federal  Govern- 
ment, but  all  the  suns  and  lesser  planets  of  the  States  as  well. 

Without  losing  sight  of  these  general  considerations,  let  us 
examine,  briefly,  the  position  of  Congress  in  relation  to  the 
other  branches  of  the  Federal  Government  and  in  relation  to 
the  States. 

The  law-making  power  is,  as  we  thoroughly  understand, 
a  transcendent  power ;  and  to  Congress,  in  addition  to  this 
power,  are  committed  functions  of  exceptional  dignity  and 
consequence. 

In  the  first  place,  the  Executive  and  Judicial  divisions  of 
the  Government  depended  upon  the  law-makers  for  the  means 
to  do  their  work.  The  Constitution  declared  that  there  should 
be  a  President  and  a  Supreme  Court ;  but  it  named  no  persons 
to  occupy  those  offices.  Accordingly,  the  Old  Congress  of 
the  Confederation  provided  for  the  election  of  a  President  in 
obedience  to  the  provision  of  the  Constitution.  Then  the  Old 
Congress  went  out  of  existence,  and  the  First  Congress  under 
the  Constitution  convened.  There  was  an  empty  chair  for  the 
President ;  there  was  an  unoccupied  bench  for  the  Justices. 
That  chair  could  not  have  been  filled  until  Congress  had  counted 
the  electoral  votes ;  that  bench  could  not  have  been  touched  by 
magisterial  robes  until  Congress  had  passed  the  Judiciary  Act 
and  said  of  how  many  Justices  the  Supreme  Court  should  con- 
sist, and  until  the  President  had  nominated  those  Justices,  and 
the  Senate  had  duly  confirmed  the  nominations. 


296  AMONG    THE  LAW-MAKERS. 

What  next  ?  The  President  could  have  done  nothing  with- 
out assistants  ;  the  Supreme  Court  could  not  have  attended 
to  all  the  litigation  of  the  country  coming  within  the  jurisdic- 
tion of  Federal  power,  nor  could  it  have  enforced  its  mandates 
without  officers.  What,  then,  did  Congress  do  ?  It  created 
an  Army  and  a  Navy  ;  it  established  executive  departments  and 
furnished  them  with  officers  and  employes,  from  a  secretary  to 
a  janitor  ;  it  created  inferior  courts,  and  supplied  them  with  nec- 
essary assistants,  from  a  marshal  to  a  hangman.  And  it  did 
something  more  :  it  said  what  these  executive  departments  and 
courts  and  officers  should  do,  what  those  officers  and  employes 
should  be  paid,  and  how  the  money  to  pay  them  should  be 
raised. 

Those  are  some  of  the  things  which  Congress  actually  did  ; 
let  us,  in  the  language  of  the  Supreme  Court,  "  suppose"  what 
it  might  do.  It  might,  by  withholding  adequate  supplies  and 
assistance,  utterly  cripple  the  two  other  departments ;  indeed, 
it  might  practically  sweep  them  out  of  existence.  It  might 
abolish  every  executive  department  and  every  office  connected 
with  it — except  the  President.  It  might  abolish  every  court 
and  every  office  connected  with  it — except  the  Supreme  Court. 
"Suppose"  Congress  were  to  do  it.  The  Executive  would 
still  be  "  co-ordinate  "  and  "  independent  "  ;  but  it  would  con- 
sist of  only  one  man — the  President.  The  Judiciary  would  still 
be  "  co-ordinate  "  and  "  independent ;  "  but  it  would  consist  of 
only  nine  men — the  Supreme  Court  and  Congress  might  do 
more  ;  it  might  impeach  and  remove  from  office  the  President 
and  the  Justices  of  the  Supreme  Court.  Where  then  would  be 
the  two  "  co-ordinate  "  and  "independent"  branches  of  the 
Government  ? 

And  so  in  its  relation  to  the  States.  It  cannot,  to  be  sure, 
exceed  the  powers  granted  to  it  by  the  Constitution  ;  yet  what 
is   the   exact  extent  of  that  power  ?     This  question  has  been 


CONSTITUTIONAL   LIMITATIONS.  297 

asked  from  the  very  beginning  of  the  Government  ;  at  every 
session  of  Congress  it  is  involved  in  measures  offered  for  con- 
sideration ;  at  every  term  of  the  Supreme  Court  it  is  presented 
in  one  way  or  another  ;  it  has  not  yet  been  fully  answered. 
This  may  seem  like  a  contradiction  of  what  I  have  said  in  the 
first  part  of  this  chapter  ;  but  it  is  a  fact.* 

Certainly,  Congress  cannot  exercise  any  of  the  powers  re- 
served to  the  States  or  to  the  people.  It  clearly  has  no  right 
to  prohibit  the  sale  of  oleomargarine  in  the  States  ;  that  is  a 
matter  which  belongs  to  the  reserved  power  of  the  States.  And 
yet  it  might  effect  the  same  end  by  different  means — it  might 
tax  that  commodity  out  of  existence  !  t 

Congress  cannot,  of  course,  directly  impair  the  integrity  of  a 
State.  It  cannot  deprive  a  State  of  its  equal  suffrage  in  the 
Senate,  without  the  consent  of  the  State  ;  it  cannot  divide  3 
State  into  two,  or  merge  two  States  into  one,  "  without  the  con- 
sent of  the  legislatures  of  the  States  concerned  ;  "  it  cannot 
change  the  republican  form  of  government  of  a  State — on  the 

*  The  case  of  M'  Culloch  v.  the  State  of  Miu-ylami ct  al. ,  decided  in  18 19, 
and  reported  in  4  Wheaton,  416,  involved  the  power  of  Congress  to  create 
the  "  Bank  of  the  United  States,"  and  also  involved  the  right  of  a  State  to 
impose  a  tax  upon  the  operations  of  the  bank.  The  Supreme  Court  sus- 
tained the  power  of  Congress,  and  denied  the  right  of  the  State  as  un- 
constitutional ;  and  said:  "This  government  is  acknowledged  by  all  to 
be  one  of  enumerated  powers.  The  principle,  that  it  can  exercise  only  the 
power  granted  to  it,  .  .  .  is  now  universally  admitted.  But  the  question 
respecting  the  extent  of  the  powers  actually  granted,  is  perpetually  arising, 
and  will  probably  continue  to  arise,  as  long  as  our  system  shall  exist." 

t  An  attempt  to  do  this  was  made  at  the  last  session  of  Congress,  but 
the  proposed  tax  was  materially  reduced,  by  amending  the  measure,  before 
the  bill  passed  both  Houses.  Whether  such  a  law  as  was  at  first  proposed, 
manifestly  intended  to  crush  the  product  from  the  market  of  the  country, 
would  stand  before  judicial  criticism,  was  strenuously  questioned  ;  it  was 
contended  that  the  power  to  tax  was  given  to  Congress  for  the  purposes  of 
revenue — not  for  vengeance. 


298  AMONG    THE  LAW-MAKERS. 

contrar}^  the  Constitution  commands  that  "  the  United  States 
shall  guarantee  to  every  State  in  this  Union  a  republican  form 
of  government,  and  shall  protect  each  of  them  against  invasion, 
and  on  application  of  the  legislature,  or  of  the  executive  (when 
the  legislature  cannot  be  convened),  against  domestic  violence." 
Yet  it  might  indirectly  impair  the  power  of  a  State  :  it  might 
form,  out  of  the  public  territory,  any  number  of  new  States,  and 
thus,  by  increasing  the  numbers  of  the  Senate,  of  the  House  of 
Representatives,  and  of  the  Electoral  College,  seriously  reduce 
the  influence  in  national  affairs  of  older  States  of  the  Union.  If 
such  a  "  supposed  "  measure  were  carried  to  extremes  that 
power  could  be  substantially  destroyed. 

The  provisions  of  the  Constitution  unquestionably  vest  in 
Congress  the  highest  attributes  of  national  sovereignty.  It  can 
create  States  ;*  it  can  declare  war  and  plunge  a  continent  into 
misery  ;  it  can  coin  money  ;  it  can  do  more — it  can  boi'voiv 
money.  And  under  its  so-called  "  implied  powers,"  according 
to  the  Supreme  Court,  it  can  do  even  more  than  that — by  virtue 
of  its  sovereign  authority,  it  can,  out  of  mere  waste  and  worth- 
less paper,  actually  W(?/('^  money.t 

The  Constitution,  after  enumerating  certain  powers,  provides 
that  Congress  shall  have  power  "to  make  all  laws  which  shall 

*  It  has  exercised  this  power  repeatedly  ;  it  exercised  it  during  my  term, 
by  the  creation  of  the  State  of  Colorado,  admitted  into  the  Union  on  the 
1st  day  of  August,  1876. 

t  The  decisions  of  the  Supreme  Court  upon  this  question  were  rendered 
in  what  are  known  as  the  Legal  Tender  Cases.  The  first  decision,  rendered 
a  few  years  after  the  close  of  the  War,  was  adverse  to  the  alleged  power  of 
Congress ;  but  so  many  millions  of  dollars  were  at  stake,  that  a  rehearing 
of  the  question  was  had,  and,  by  the  help  of  an  act  of  Congress  increasing 
the  membership  of  the  Supreme  Court  and  of  the  newly  appointed  Justices, 
a  reversal  of  the  adverse  decision  was  secured.  Another  "  legal  tender" 
decision,  also  favorable  to  the  power  of  Congress,  was  rendered  a  few 
years  ago. 


CONSTITUTIONAL  LIMITATIONS.  299 

be  necessary  and  proper  for  carrying  into  execution  the  fore- 
going powers,  and  all  other  powers  vested  by  this  Constitution 
in  the  Government  of  the  United  States,  or  in  any  department 
or  office  thereof."  A  statement  of  what  it  is  possible  for  Con- 
gress to  do,  under  this  broad  provision  and  under  the  doctrine 
of  "  implied  powers,"  involves  a  careful  reading  of  the  Consti- 
tution, in  the  light  of  congressional  history  and  judicial  deci- 
sions. 

For  one  great  fact  must  not  be  overlooked.  The  Federal  Ju- 
diciary is  the  sole  judge  of  the  Federal  Constitution. ■•■'■  Suppose, 
then.  Congress  should  pass  some  measure  of  grave  consequence 
to  private  interests  (as  a  measure  taxing  to  death  the  oleomar- 
garine industry),  and  that  the  interests  affected  should  appeal  to 
the  courts  to  declare  the  measure  unconstitutional.  Suppose, 
further,  that  the  law-makers  should  fear  that  the  Supreme  Court, 
if  an  opportunity  should  be  presented,  would  hold  the  measure 
to  be  void,  would  it  not  be  within  the  power  of  Congress,  when 
enacting  the  other  measure,  to  cut  off  the  jurisdiction  of  the 
Supreme  Court  so  that  no  case  involving  the  question  should 
reach  that  tribunal?  And  might  it  not  also  intimidate  the  in- 
ferior tribunals — the  district  and  circuit  courts — by  a  threat  to 
legislate  them  out  of  existence  should  they  decide  against  the 
measure  ? 

Assume  another  case — one  to  which  a  State  should  be  a 
party,  and  which,  therefore,  under  the  terms  of  the  Constitution, 
would  have  to  be  brought  before  the  Supreme  Court.  Suppose 
Congress  should  pass  a  measure  far-reaching  in  its  purpose  and 
fraught  with  peril  to  a  State.  The  State  would  appeal  to  the 
Federal  Supreme  Court  to  declare  the  measure  unconstitutional. 

*  This  is  under  Art.  III.,  Sec.  II,  which  says  :  "  The  judicial  power  shall 
extend  to  all  cases  in  law  and  equity,  arising  under  this  Constitution,  the 
laws  of  the  United  States,  and  treaties  made,  or  which  shall  be  made, 
under  their  authority  ;  "  etc. 


300  AMONG    THE  LAWMAKERS. 

Congress  could  not  cut  off  the  jurisdiction  of  the  Supreme 
Court,  because  the  original  and  exclusive  jurisdiction  of  that 
court  in  such  a  matter  was  conferred  by  the  Constitution.  But 
would  it  not  be  within  the  power  of  the  law-makers  to  intimidate 
the  Supreme  Court  by  a  threat  to  increase  the  membership — a 
threat  which,  if  carried  into  execution,  might  enable  Congress 
to  secure  a  reversal  of  an  unfavorable  decision  ?  * 

Of  course,  there  is  no  danger  that  Congress  will  ever  go  to 
the  extremes  supposed.  It  has  frequently  reduced  Federal  ex- 
penses and  abolished  Federal  offices.  It  is  constantly  "  worry- 
ing the  wits  "  of  the  executive,  and  impeding  administrative 
duties,  by  its  investigating  committees  and  "  requests  for  infor- 
mation." It  has  occasionally  allowed  the  fiscal  year  to  roll  by 
without  making  necessary  appropriations  for  the  public  service, 
and  temporary  inconvenience  has  resulted.  It  did,  at  one  time, 
demolish,  at  one  fell  stroke,  all  the  circuit  courts,  because  offi- 
cered by  judges  not  of  its  way  of  thinking.  It  did,  at  another 
time,  secure  a  favorable  decision  from  the  Supreme  Court  by  an 
act  increasing  the  membership  of  the  court,  and  by  "  unoffi- 
cially"  suggesting  to  the  President  the  sort  of  men  he  should 
nominate  to  fill  the  vacant  seats  upon  that  Bench.  Its  proceed- 
ings over  the  recent  oleomargarine  bill,  and  its  past  record  on 
matters  connected  with  the  formation  of  new  States,  show  what 
it  is  capable  of  doing  in  other  directions. 

But  it  would  be  a  hazardous  thing  for  the  law-makers  to  ex- 
periment with  their  power.  It  was  not  discretionary  with  Con- 
gress to  equip  the  other  departments  of  Government  ;  it  was  its 
duty  to   do   it — its  discretion  lay  in  the  manner  in  which  they 

*  Students  acquainted  with  the  English  Constitution  understand  how,  by 
a  similar  threat  (to  increase  the  membership  of  the  House  of  Lords  by  the 
creation  of  new  peers),  the  House  of  Commons  occasionally  intimidates 
the  House  of  Lords  into  submission  to  its  measures  ;  and  they  also  under- 
stand how  that  threat  has  been  actually  executed. 


CONSTITUTIONAL   LIMITATIONS.  301 

should  be  equipped.  It  is  not  within  the  discretion  or  pleasure 
of  Congress  to  refuse  to  make  proper  provision  for  the  other 
departments  of  Government— its  discretion  relates  to  the  deter- 
mination of  the  manner  in  which  that  provision  shall  be  made. 
Neither  is  it  within  its  discretion  to  despoil  the  power  of  a 
State,  or  to  do  other  wanton  acts  subversive  of  our  institutions 
and  our  liberties.  There  is  such  a  thing  as  neglect  of  duty  ; 
there  is  also  such  a  thing  as  abuse  of  power  ;  and  there  is  such 
a  thing  as  downright  usurpation.  And  such  things  public 
opinion  will  not  tolerate. 

All  these  "  suppositions  "  are  presented  as  suggestions — a 
few  of  many  that  might  be  advanced — to  set  you  thinking  about 
matters  upon  Avhich  our  statesmen  and  jurists  have  had  in  the 
past  to  act,  and  with  which  in  the  future  you  may  be  called 
upon  to  deal.  An  able  writer,  who  has  made  a  careful  study 
of  the  history  and  methods  of  Congress,  asserts  :  "  "  The  bal- 
ances of  the  Constitution  are  for  the  most  part  only  ideal.  For 
all  practical  purposes  the  National  Government  is  supreme  over 
the  State  governments,  and  Congress  predominant  over  its  so- 
called  co-ordinate  branches.  Whereas  Congress  at  first  over- 
shadowed neither  President  nor  Federal  Judiciary,  it  now  on 
occasion  rules  both  with  easy  mastery  and  with  a  high  hand." 

Whether  any  of  this   power  of  Congress  has  been  acquired 
by  gradual  encroachment,  or  whether  it   is  in  accord  with  the  ' 
spirit  of  the  Constitution  ;  whether  the  authority  of  Congress  ^ 
should  be  further  increased,  or  whether  its  powers  should  be  ^ 
curtailed  by  constitutional  amendment,  are  serious  questions  to  \ 
all  Americans   alive  to  the  interests  of  the  Republic.      It  is  no    j 
doubt  true  that  the  framers  of  the  Constitution  intended  that   ' 
instrument  to  receive  a  "  reasonable  interpretation,"  and  there- 
fore did  not  express,  specifically,  powers  which  naturally  would 

*  Congressional  Government,  by  Woodrow  Wilson. 


302  AMONG    THE  LAW-MAKERS. 

be  implied  as  incident  to  those  which  are  enumerated.  It  is 
none  the  less  a  fact  that  we  have  in  some  things  departed  from 
the  intentions  of  our  forefathers — departures  not  recorded  in 
written  additions  to  the  Constitution,  but  silently  effected 
through  "political  methods"  and  "judicial  constructions."* 
The  Electoral  College  of  to-day  is  by  no  means  what  it  was  de- 
signed to  be  ;  if  you  wish  to  find  the  secret  influence  which  has 
wrought  the  change,  you  must  seek  it  elsewhere  than  in  the 
Twelfth  Amendment. 

And  so  with  other  features  of  our  Government.  The  inquisi- 
tive citizen  who  wishes  to  understand  the  nature  of  that  Govern- 
ment will  do  well  to  read  the  Constitution  and  its  Amendments 
— and  then  turn  his  attention  to  Congress. 

"  As  the  House  of  Commons  is  the  central  object  of  exami- 
nation  in  every  study  of  the  English  Constitution,  so  should 

*  In  the  case  oi  Martin  v.  Hunter'' s  Lessee  (i  Wheaton,  304),  decided  in 
1816,  Justice  Story,  delivering  the  opinion  of  the  Supreme  Court,  said  : 
"  The  Constitution,  unavoidably,  deals  in  general  language.  It  did  not 
suit  the  purpose  of  the  people,  in  framing  this  great  charter  of  our  liberties, 
to  provide  for  minute  specifications  of  its  powers,  or  to  declare  the  means 
by  which  those  powers  should  be  carried  into  execution.  It  was  foreseen 
that  this  would  be  a  perilous  and  difficult,  if  not  an  impracticable,  task. 
The  instrument  was  not  intended  merely  to  provide  for  the  exigencies  of  a 
few  years,  but  was  to  endure  through  a  long  lapse  of  ages,  the  events  of 
which  were  locked  up  in  the  inscrutable  purposes  of  Providence.  It  could 
not  be  foreseen  what  new  changes  and  modifications  of  power  might  be  in- 
dispensable to  effectuate  the  general  objects  of  the  charter ;  and  restric- 
tions and  specifications,  which  at  the  present  might  seem  salutary,  might, 
in  the  end,  prove  the  overthrow  of  the  system  itself.  Hence  its  powers  are 
expressed  in  general  terms,  leaving  to  the  legislature,  from  time  to  time,  to 
adopt  its  own  means  to  effectuate  legitimate  objects,  and  to  mould  and 
model  the  exercise  of  its  powers,  as  its  own  wisdom  and  the  public  inter- 
ests should  require."  These  views  were  reiterated  by  Chief  Justice  Mar- 
shall, in  the  great  case  of  AP  Cul/och  v.  The  State  of  Maryland,  et  al.  ;  and 
the  Lci^al  Tender  Decisions  sustain  this  position. 


I 


CONSTITUTIONAL   LIMITATIONS.  303 

Congress  be  in  every  study  of  our  own.  Anyone  who  is  un- 
familiar with  what  Congress  actually  docs  and  how  it  does  it, 
with  all  its  duties  and  all  its  occupations,  with  all  its  devices  of 
management  and  resources  of  power,  is  very  far  from  a  knowl- 
edge of  the  constitutional  system  under  which  we  live  ;  and 
to  everyone  who  knows  these  things  that  knowledge  is  very 
near." 


CHAPTER  XXXIV. 


REFLECTIONS. 


There  are  countless  things  in  regard  to  our  Government  that 
I  must  leave  untouched.  I  have  told  you  of  the  great  princi- 
ples underlying  the  system,  but  into  all  the  intricate  details  I 
cannot  go.  Within  the  necessary  limits  of  this  volume  I  have 
not  been  able  to  do  full  justice  to  the  law-makers  ;  much  less 
have  I  been  able  to  treat  of  all  the  departments  of  Government, 
the  various  lights  and  shades  of  national  affairs,  the  myriad 
ramifications  of  the  Law  throughout  the  mighty  structure  of 
Society.  Such  an  undertaking  would  have  been  indeed  stupen- 
dous. 

During  my  four  years  of  service  in  the  Senate  I  witnessed 
the  two  Houses  of  Congress  in  the  exercise  of  the  various 
powers  conferred  upon  them  by  the  Constitution  ;  and  I  started 
out  upon  my  narrative  with  a  vague  intention  to  conduct  you 
carefully  over  the  ground  I  traversed  as  a  page.  But,  naturally 
enough,  having  once  begun,  I  have  asked  you  to  stroll  about 
with  me  in  all  directions.  Thus  I  have  wandered  idly  along, 
with  much  of  the  ground  still  unexplored  ;  and  yet,  in  my  zig- 
zag ramblings,  I  have  called  your  attention  to  a  variety  of  in- 
cidents and  objects  that  came  within  our  range  of  observation. 

I  have  taken  you  upon  the  dome  of  the  Capitol,  exhibited 
to  you  its  mazy  rooms  and  corridors,  and  led  you  down  into 
the  very  caverns  of  the  earth.  You  have  heard,  in  imagina- 
tion, the  Halls  of  Congress  echoing  with  the  sounds  of  mirth, 


REFLECTIONS.  305 

and  you  have  seen  them  draped  in  black  and  hushed  in  the  still- 
ness of  death.  You  have  beheld  laws  made,  a  President  inaugu- 
rated, statesmen  and  pages  at  their  work  and  play.  If,  in  ni}- 
description  of  congressional  scenes,  I  have  in  any  place  spoken 
in  too  light  a  vein,  ascribe  it  to  the  fact  that  for  the  moment  I 
regained  the  audacity  of  my  youth  ;  if  I  have  anywhere  been 
dry  and  uninteresting,  charge  it  to  the  seriousness  of  maturer 
years. 

If  you  should  be  in  Washington  at  any  time  during  the  ses- 
sions of  Congress,  do  not  neglect  to  visit  the  Capitol.  Listen 
to  the  deliberations  of  the  Federal  law-makers.  You  ma\-  hear 
debates,  you  may  witness  scenes,  some  grave  and  some  amus- 
ing— but  do  not  form  the  erroneous  impression  that  the  moving 
panorama  before  your  eyes  is  the  acting  either  of  a  tragedy  or 
of  a  farce.  Remember,  always,  that  the  exercise  of  power  is 
one  thing — that  the  power  itself  is  something  else.  Although 
occasionally  enlivened  by  incidents  of  humor  and  hilarity,  the 
proceedings  of  Congress,  as  a  whole,  are  serious,  involving  mat- 
ters of  the  greatest  moment  to  us  all.  It  may  be  that  there  are 
those  among  its  members  who  are  unfit  to  discharge  the  duties 
of  their  station,  and  that  the  country  would  be  better  off  with- 
out them  ;  yet  let  us  trust  that  neafly  all  recognize  their  respon- 
sibilities, and  seek  to  protect  and  promote  our  national  interests 
and  welfare.  As  one  of  the  three  departments  of  the  Govern- 
ment, the  Congress  of  the  United  States  is  entitled  to  profound 
regard  ;  as  an  institution  representing  the  majesty  and  guarding 
the  liberties  of  the  American  people,  it  should  be  revered. 

During  the  past  summer  I  visited  Washington  and  took  a 
glimpse  about  me.  How  great  had  been  the  changes  of  ten 
swift  years  !  The  city  itself,  as  if  by  magic,  had  been  trans- 
formed into  the  fairest  of  the  land.  Rubbishy  buildings  had 
disappeared,  and  on  their  sites  had  risen  palaces  and  dwellings 
20 


3o6 


AMONG    THE   LAll'-MAKERS. 


worthy  to  be  the  abodes  of  princes  and  of  kings.     The  muddy- 
thoroughfares  were  no  more  ;  in  their  stead  were  miles  of  glis- 


m^^ 


The  Capitol,  from  Pennsylvania  Avenue.     (West  Front.) 

tening  concrete,  over  which  the  carriages  rolled  without  a  jostle 
and  young  folks  glided  joyously  upon  their  bicycles  and  skates. 


REFLECTIONS.  307 

Even  the  grand  and  venerable  trees  that  had  surrounded  the 
Capitol,  and  in  the  shade  of  whose  branches  I  had  so  often 
roamed,  had  fallen  beneath  the  axe  of  the  landscape  artist.  But 
here  was  a  change  that,  in  my  opinion,  was  not  an  improve- 
ment. 

I  entered  the  Capitol,  and  noted  everywhere  the  ruthless 
hand  of  Time.  I  went  to  the  Upper  House  and  looked  in. 
All  the  officers  were  strange.  No  !  Two  forms  I  recognized. 
There  they  sat,  on  either  side  of  the  presiding  officer,  in  the 
very  same  chairs,  I  suppose,  about  which  I  had  so  often  frol- 
icked. May  they  both  live  many  years  to  grace  that  Chamber 
with  their  presence  ! 

Then  I  scanned  the  Senate  for  the  old  law-makers.  But 
how  few  were  there  !  Of  the  many  Senators  whom  I  had  met 
during  portions  of  three  Congresses,  but  fourteen  could  be 
found  ;  of  the  seventy-four  members  belonging  to  that  body 
when  I  first  entered  it  as  a  page,  only  si.x  remained  to  answer 
to  the  roll. 

But  there  was  another  blow  reserved  for  my  feelings.  The 
pages  seemed  a  different  order  of  beings.  I  met  one  of  them 
and  spoke  to  him  with  the  air  of  a  father.  Had  any  visitor 
spoken  to  me  in  such  parental  fashion  when  a  page,  I  would 
have  withered  him  by  a  look.  Yet  this  small  fellow  stood  it, 
and  in  a  mild  and  gentlemanly  manner  gave  me  all  the  informa- 
tion I  requested.  His  statement  was  a  revelation.  Times  had 
indeed  changed. 

Sadly  I  walked  to  the  House  of  Representatives.  I  entered 
the  gallery  and  gazed  about  me.  I  was  among  strangers.  I 
knew  that  several  of  the  old  Representatives  were  still  mem- 
bers, but  it  was  difficult  to  discern  their  faces  in  the  turbulent 
crowd  that  thronged  the  floor.  "  Where,"  I  mused,  "are  the 
legislators  of  the  Forty-second,  the  Forty-third,  the  Forty-fourth 
Congresses  ?  "     I  answered  my  own  query.     Some  of  them  had 


308  AMONG    THE  LAIV-MAKERS. 

been  transferred  to  other  spheres  of  pubHc  usefulness  ;  others 
had  withdrawn  from  the  turmoil  of  business  and  retired  to  pri- 
vate life  ;   many  had  gone  to  their  eternal  rest. 

I  remained  in  the  Capitol  for  a  short  time  to  watch  the  pro- 
ceedings of  each  House.  The  great  work  of  legislation  was  go- 
ing merrily  along.  The  House  was  just  as  nonchalant  and  noisy  ; 
the  Senate  as  industrious  and  efficient  as  in  my  time.  My  mind 
went  back  to  that  Monday  in  December,  1872,  when  I  made  my 
first  appearance  in  legislative  halls.  I  fancied  that  I  heard  a 
voice  exclaim,  "  The  Senate  will  come  to  order!  "  and  that  I 
was  again  a  careless,  happy  boy.  But  it  was  only  fancy.  My 
reverie  was  broken  by  a  touch.  The  visions  of  the  past  faded 
from  my  sight,  and  the  stern  reality  of  the  present  rose  up  before 
me.  And  yet,  as  I  came  away  from  the  noble  edifice  and  the 
scenes  of  my  early  joys  and  trials,  the  same  mysterious  voice 
was  ringing  in  my  ears  : 

"Administrations  terminate  and  Congresses  expire  as  the 
years  pass  by,  but  the  Nation  lives  and  grows  and  prospers,  to 
be  served  in  the  future  by  those  equally  faithful  to  its  interests 
and  equally  proud  of  its  growing  influence  among  the  nations  of 
the  earth  !  " 


THE    END. 


476 


!Y  FACILITY 


UNIVERSITY  OF  CALIFORNIA  AT  LOS  ANGELES 
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3   1158  00300  5476 


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